Minutes 1997/04/07
Invocation
Posting
Agenda
Roll Call
Consent
Calendar
Minutes
Res. 97-18
Train
Depot
695J
Regular Meeting
April 7, 1997
Gilroy, California
Mayor Protempore Morales announced that Council had just adjourned from a Closed
Session re: Threat to Public Services, Consultation with Chief of Police, pursuant to
Gov't. Code Section 54957, and that no action had been taken.
Mayor Protempore Morales led the Pledge of Allegiance to the Flag.
Pastor Mike Zukowski, South Valley Community Church, gave the
Invocation.
The Interim City Clerk noted that the Agenda had been posted on April
3,1997 - 10:40 a.m.
Present: Councilmembers: K. A. Mike Gilroy, Connie Rogers, Suellen C.
Rowlison, Thomas W. Springer, Pete Valdez, Jr. and Charles S. Morales; 7:35 pm.
Motion was made by Councilman Gilroy, seconded by Councilman
Springer and the motion carried unanimously that the following items under the
Consent Calendar be approved removing Item II.B. Resolution to Request
Residual Funds for Train Depot Renovation for discussion by the following Roll
Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Connie Rogers, Suellen
C. Rowlison, Thomas W. Springer, Pete Valdez, Jr. and Charles S. Morales:
Approved the Minutes of the Gilroy City Council's Regular Meeting of
February 18, 1997, subject to the correction of the spelling of names on page 1
from Guerro and Katz to Aro and Capps, and a change on page 10, second
paragraph, third sentence to change Rogers to Gilroy;
Adopted Resolution No. 97-18 Instituting Audit Proceedings and
Authorizing the Mayor to Issue Subpoenas Pursuant to Government Code Section
37104 with Regard to the City's Gas, Electric, Water, Telephone, and CATV
Utility Users Taxes and Franchise Fees;
RESOLUTION NO. 97-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INSTITUTING AUDIT PROCEEDINGS AND AUTHORIZING THE MAYOR
TO ISSUE SUBPOENAS PURSUANT TO GOVERNMENT CODE SECTION
37104 WITH REGARD TO THE CITY'S GAS, ELECTRIC, WATER,
TELEPHONE, AND CATV UTILITY USERS TAXES AND FRANCHISE
FEES.
PASSED AND ADOPTED this 7th day of April, 1997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, ROGERS, ROWLISON,
SPRINGER, VALDEZ and MORALES.
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Council discussed the use ofthe residual funds for the train depot
renovation.
Motion was made by Councilwoman Rogers, seconded by Councilman
Valdez, and the motion carried to adopt Resolution No. 97-19 Requesting
Residual Funds for Train Depot Renovation.
Res. 97-19 Adopted Resolution No. 97-19 Requesting Residual Funds for Train Depot
Renovation;
Ii.
6952
HVAC
Project
Officer on
Campus
Cable
Franchise
SCJPAC
Franchise
RESOLUTION NO. 97-19
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
REQUESTING AN EXCHANGE OF FY 97/98 STATE TRANSIT CAPITAL
IMPROVEMENT (TCI) PROGRAM FUNDS FOR FY 94/95 STATE TCI
FUNDS
PASSED AND ADOPTED this 7th day of April, 1997, by the following vote:
AYES: COUNCILMEMBERS: ROGERS, ROWLISON, SPRINGER,
VALDEZ and MORALES.
NOES: COUNCILMEMBERS: GILROY
ABSENT: COUNCILMEMBERS: NONE
City Administrator Baksa presented a recommendation to award the bid of
Cold Craft, Inc. for the Police Department/City Hall HV AC Project (97-ASD-462)
for $47,477.00.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Valdez, and the motion carried unanimously to award the bid to Cold Craft, Inc.
for $47,477.00 as recommended.
Captain Guisiana reviewed the final draft contract between the City of
Gilroy and the Gilroy Unified School District for placing a Police Officer on
campus. He noted that the entire cost would be about $90,000, with 10% being
in-kind from the City of Gilroy.
Motion was made by Councilman Gilroy, seconded by Councilwoman
Rowlison, and the motion carried unanimously.
Public Information Coordinator McCann reviewed the recommendations
regarding cable franchise fee recommendations, noting that any increase will
probably be passed on to the consumers.
Council discussed the possibility of raising the fee during the refranchising
negotiations, if the additional revenue was used for G (Government) or PEG
(Public/Educational/Government) or possibly for street repairs.
City Attorney Callon stated that this is not a property related issue, so it
would not fall under the Prop 218 requirements.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Valdez, and the motion carried (Councilman Gilroy voting no) to direct staff to
increase cable franchise fees to 5% during renegotiation, with preference for the
revenue to go to the government channel and/or streets.
Council questioned on what issues the Council would need a 4/5 vote, and
the City Attorney advised it would not be on this issue.
Mayor Protempore Morales asked if there was anyone in the audience
wishing to speak on any item not on the agenda. There was no comment from
anyone in the audience.
Council requested to see the attendance for the South County Joint
Planning Advisory Committee (SCJP AC).
Councilman Springer volunteered to be the alternate member for the
SCJPAC.
Motion was made by Councilman Valdez, seconded by Councilwoman
Rowlison and the motion carried unanimously to appoint Councilman Springer as
the alternate member for the SCJP AC.
The following informational items were noted with no separate discussion
on same:
695~'1
General
Plan
Correspondence re: General Plan Update:
Memorandum regarding appointments to the City's General Plan update
Central Committee. Noted that this will be agendized for the next meeting and
that Councilmembers should let the Mayor Protem know if they are interested;
Letter from Community Development Department to Gilroy Unified
School District Regarding City of Gilroy General Plan Update, to Include a New
"Schools" Element;
Legislation Councilman Gilroy questioned the policy for issuing these letters, stating
that he would like to see them on the Consent Calendar before they are sent out.
City Attorney Callon stated that letters should only be sent out on issues
that have come before the Council for direction.
Motion was made by Councilwoman Rogers, seconded by Councilman
Valdez and the motion carried unanimously to authorize the City Administrator to
send letters to our legislators to protect or recoup revenue, but on other matters
that are not revenue related to bring those letters to the Council for a decision on
whether or not to send a letter. (See additional motion at end of meeting)
It was also agreed that Councilmembers may also bring up issues on which
they may want letters sent to our legislators.
Motion was made by Councilman Springer, seconded by Councilwoman
Ro gers and the motion carried unanimously to take an affirmative stance on AB
1296.
Council noted the following:
Letters in Opposition to AB 252, Regarding School Facilities;
Letters in Opposition to SB 147, Regarding Certificates of Participation.
Letter in Support of Extension for Moratorium for Type 20 ABC Licenses;
Letter in Support ofSB 255 Regarding Use of Armories for Emergency
Homeless Shelters;
Customer Service:
Memorandum Thanking Fire Department Personnel for Assistance in
Training for the Police Department;
Letter from MACSA Staff in Appreciation for Tour of the Gilroy Museum;
Letter of Appreciation for Staff Participation in the Willey Cultural Center
Ribbon Cutting Ceremony and Open House;
Memorandum of Appreciation for Staff Streamlining of Mailing Addresses
for Microsoft Mail;
Note of Appreciation to City Administrator for Presentation on
"Community Oriented" Government;
Letter of Appreciation for the Gilroy Police Department Handling of a
Recent Case (Councilman Springer thanked Officer Terasaki for his actions);
Letter of Appreciation to the Theater Angels Art League for Assistance in
Preparing for the Willey Cultural Center Ribbon Cutting Ceremony and Open
House;
.....
. ..c. ._ .'" .~Q!~ t A~:R~~na1 Cultural Plan for the New Millennium - Part I:
introducmg the Plan (Councilwoman Rowlison noted the Plan);
695.1
Plan.Com.
3-6-97
P&R
3-25-97
Willey Cult.
Center
CUPA
Gen. Plan.
Selec.Com.
Uvas Creek
Bike Trail
Gilroy Public Library Expansion - Building for the Future Survey;
Letter from the Emergency Housing Consortium in Appreciation for
CDBG Funding;
Letter from U.S. Department of Housing and Urban Development in
Appreciation for Council and Staff Discussions on Local Objectives and the City's
Vision of its Future;
Community Development Department, Planning Division, Monthly Report
of Long-Range Applications and Status ofRDO Allocation & Activity;
Letter from the Gilroy Public Library Reflecting Policy Which Defines
Open Access to Collections and Services in the Santa Clara County Library;
Letter from Falcon Cable Systems Company Regarding Four Rate
Adjustments to Affect City of Gilroy Customers;
Schedule of Dates for Remainder of the Year for Commission/Board
Reports to Council;
League of California Cities Legislative Bulletin # 11-1997 dated March 27,
1997; and
Drought Alert Calculations - Summary of Monthly Water Production.
The action report of the Planning Commission meeting of March 6, 1997
was noted.
The action report of the Parks and Recreation Commission Special
Meeting of March 25, 1997 was noted.
Council discussed the rules and regulations for the Willey Cultural Center
building.
Community Services Director Connelly stated that since only 49 people can
be in the building at anyone time, this limits the uses. He noted that staff will look
at the revenues and uses in six months to see where we are.
City Attorney Callon questioned the security issues. She noted that
regarding the liability issue, the words "save, defend, and hold the City harmless"
should be added.
Motion was made by Councilman Valdez, seconded by Councilwoman
Rowlison and carried unanimously to approve the rules and regulations for the
Willey Cultural Center building, with one change on page 4 regarding liability.
Councilwoman Rowlison stated that she would like to see theater groups
be allowed to use it after show openings. Community Services Director noted that
he would look at each request on a individual basis.
City Administrator Baksa stated that staff will look at the closing time
Issues.
City Administrator Baksa noted a letter from CallEPA regarding Notice of
Intent to approve the City of Gilroy to be a CUP A, and the enormous amount of
work that was done to accomplish this.
Motion was made by Councilman Valdez, seconded by Councilman
Springer, and the motion carried unanimously to approve the recommended nine
members for the Gilroy General Plan Selection Committee.
Motion was made by Councilman Valdez, seconded by Councilwoman
Rogers and carried unanimously to a authorize a letter of intent be sent to
Maint.
Districts
Medical
Marijuana
695~j
authorize the Uvas Creek Bike Trail for funding from the Petroleum Violation
Escrow Account.
At 9:22 p.m. the Mayor Protempore declared a recess, after which he
reconvened the meeting at 9:29 p.m.
City Administrator Baksa noted that Eagle Ridge will start grading soon.
City Administrator Baksa distributed a memo from Public Information
Coordinator McCann re:1996 Dispatch Articles about the Gilroy Police
Department.
City Administrator Baksa distributed a memo re: maintenance districts and
Prop. 218. He stated that Maintenance District No.1 is legitimate, but noted that
for other maintenance districts there is a major question. He noted that he
anticipates that Maintenance District NO.2 will be dissolved, stating that no funds
have been spent as of this date. After discussion with Council, agreed to set a
study session on this issue for Monday, April 14, 1997.
City Attorney Callon reported back on Proposition 215, the medical
marijuana initiative, and regulations of distribution of marijuana for medical
purposes. She explained that Council can do nothing but recommend that no
business licenses be issued.
Council discussed the issue and were not anxious to adopt a local
ordinance at this time, until courts rule on the issue, but would urge that the City
not grant business licenses for this at the present time.
Councilman Gilroy requested the City send a letter in support of AB 610,
but the amounts be reasonable.
Donald Ramsay, P.O. Box 2125, Gilroy, apologized to Councilmembers
Gilroy and Springer for getting emotional the last time he spoke with them. He
explained his issue and recommendation for a medical clinic.
City Attorney Callon suggested the Council take a stand that no business
licenses be issued for this type of business, rather than issuing a moratorium.
Motion was made by Councilman Springer, seconded by Councilwoman
Rowlison and carried unanimously to direct staff not to process any business
licenses for medical marijuana clinics.
Mayor Protempore Morales noted that the Grand Jury is looking for
nominations. He noted that he attended a CET program re: job training and a
Domestic Violence workshop through CAUSA.
Council discussed and agreed to draw names to decide a rotation schedule
for Mayor Protempore until a new Mayor is elected in November.
Councilman Valdez discussed Santa Clara Valley Transportation Authority
TDA3 Funds, noting two proposals in Gilroy 1) Sixth Street/Rogers Lane
Sidewalk and 2) Handicapped Ramps at various locations in Gilroy. He noted that
the Rogers Lane project ranked #1 and received $60,000, and the Handicapped
Ramps ranked #12 and received $29,000. He noted that the Altamont Pass Rail
Express signed a Joint Powers Authority, and that there is interest to route the
Capitol Corridor to Monterey.
Councilman Gilroy stated that everyone should have a Seniors Day roster
to sign up for street locations. He noted Seniors Day is on May 9, 1997 from 6:00
to 9:00 a.m.
Councilman Springer stated that he visited Rogers Lane during the cleanup
on Saturday and there was a lot of community pride and effort. He commended
Goldsmith Seeds for donating flowers for planting in the Rogers Lane
Neighborhood, thanking the Goldsmith Family for their donations over the years.
695G
Adjrnmt.
..-..':':-.,\>'Z..::..W;':i:....
Mayor Protempore Morales noted the following meeting:
Study session on Monday, Apri114, 1997 at 7 :00 p.m. in the Council
Chambers, City Hall, 7351 Rosanna Street, Gilroy, CA 95020, re: Maintenance
Districts NO.1 and No.2.
City Administrator Baksa noted an issue re: group homes in to day's
legislative bulletin, and asked the Council's policy on same.
Motion was made by Councilman Springer, seconded by Councilman
Valdez and the motion carried (Councilwoman Rowlison voting no) to reconsider
the earlier motion.
Motion was made by Councilman Springer, seconded by Councilman
Valdez, and the motion carried unanimously to add that issues that are non-fiscal
related be added to the earlier motion.
City Administrator Baksa questioned that perhaps a subcommittee should
meet once a week to review the bills.
At 10:39 p.m. the Mayor Protempore adjourned the meeting.
Respectfully submitted,
~~,
Rhonda Pellin, Interim City Clerk