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Minutes 1997/06/23 Invocation Posting Agenda Roll Call 70C? Regular Meeting June 23, 1997 Gilroy, California Mayor Protempore Springer announced that Council had just adjourned from a Closed Session re: Conference with Legal Counsel - Anticipated Litigation, pursuant to Gov't. Code Section 54956.9, and that no action had been taken. Mayor Protempore Springer led the Pledge of Allegiance to the Flag. Pastor Mark Wilson, The Foothills Foursquare Church, gave the Invocation. The Interim City Clerk noted that the Agenda had been posted on June 19, 1997, at 1:58 p.m. Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie Rogers, Suellen C. Rowlison, and Thomas W. Springer; Absent: Pete Valdez, Jf. - 7:03 p.m. Judge Nichols The Honorable Leslie C. Nichols, Presiding Judge of the Superior Court, addressed the City Council on matters related to the work of the Superior Court and the Administration of Justice in Santa Clara County, and answered specific questioned posed by Councilmembers. Vol. Award Roy.M. Sumisaki. Mayor Protempore Springer presented the Volunteer of the Month of June, 1997 Award to Deonna Crowder. Noted Presentation of a Resolution from the California Legislature to Roy M. Sumisaki, upon his retirement from the United States Army Reserve. John Bremond Noted Presentation by John Bremond, Kaufman and Broad, of $100,000 for the Thomas Road Sports Complex to match the Gilroy Little League contribution, and asked that a plaque be placed in the park indicating that the donation was given for the good of Gilroy's youth. Consent Calendar Budget Motion was made by Councilman Morales, seconded by Councilman Gilroy and carried 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, and Thomas W. Springer; Absent: Councilmember: Pete Valdez, Jr.: Budget Amendments/Transfers as recommended; Accept Water- Accepted Completion ofImprovements for Project No. 96-CDD-454, line & Sewer Monterey Street Waterline & Sanitary Sewer Improvements, Monterey Peninsula Impts Engineering; Res. 97-34 Adopted Resolution No. 97-34 Approving TM 97-03, a Tentative Map with residential lots on approximately 22.87 acres located east of Rancho Hills Drive and south of Long meadow Drive, APN 783-53-012, Glen Lorna Group; RESOLUTION NO. 97-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 97-03, A TENTATIVE MAP WITH RESIDENTIAL LOTS ON APPROXIMATELY 22.87 ACRES LOCATED EAST OF RANCHO HILLS DRIVE AND SOUTH OF LONGMEADOW DRIVE, APN 783-53-012. PASSED AND ADOPTED this 23rd day of June, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALDEZ 70ne Summerhill & Approved Property Improvement Agreements No. 97-26 Tract No, 8940, Gilroy Garden Summerhill, Longmeadow Drive Associates and No. 97-18, Gilroy Garden Apts. Apartments, Oakridge Development Co., Inc.; CUPA Approved the First Amendment to Santa Clara County Cooperating Agencies Agreement for Certified Unified Program Agency (CUP A) Certification; and Res. 97-35 Adopted Resolution No. 97-35 Honoring and Commending the Services of Susanne E. Steinmetz, City Clerk, upon Her Retirement; RESOLUTION NO. 97-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY HONORING AND COMMENDING THE SERVICES OF SUSANNE E. STEINMETZ, CITY CLERK, UPON HER RETIREMENT PASSED AND ADOPTED this 23rd day of June, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALDEZ. Dept. Report Noted the Community Services Departmental Report. Community Services Director Connelly introduced Sandra Sammut, who reviewed the Volunteer Program and shared some statistics from the program, and Scot Lang, who reviewed the new partnership with the California Conservation Corps thanks to the assistance of Councilmembers Rowlison and Morales. (Councilman Morales left the Council Chambers at 7:42 p.m. and returned at 7:47 p.m.) Pub.Heaf. Mayor Protempore Springer stated that it was the time and place scheduled for a Public Hearing on the 1997-2002 Financial Plan of the City of Gilroy. The Staff Report was noted and further explained by City Administrator Baksa. Mayor Protempore Springer asked if there was anyone in the audience wishing to speak on the item. There was no comment from anyone in the audience. Mayor Protempore Springer closed the Public Hearing. Res. 97-36 Motion was made by Councilman Gilroy seconded by Councilman Morales and carried that the reading of Resolution No. 97-36 be waived and that it be adopted to adopt the budget for fiscal year 1997-1998 and appropriating proposed expenditures for purposes set forth in the budget. RESOLUTION NO. 97-36 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE BUDGET FOR SAID CITY FOR FISCAL YEAR 1997-1998 AND APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET. PASSED AND ADOPTED this 23rd day of June, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALDEZ. Councilwoman Rowlison questioned whether funds would be available for PeaceBuilders in the amount of $3,000 to $4,500, and City Administrator Baksa stated that the funds could come from a variety of places, and he would research the issue. Res. 97-37 Motion was made by Councilwoman Rowlison seconded by Councilwoman Rogers and carried that the reading of Resolution No. 97-37 be waived and that it be adopted to adopt the Appropriation Limit for 1997-1998 Fiscal Year. 70lJ9 RESOLUTION NO. 97-37 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE APPROPRIATION LIMIT FOR 1997-1998 FISCAL YEAR. PASSED AND ADOPTED this 23rd day of June, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALDEZ. SCRWA Budget Motion was made by Councilwoman Rogers seconded by Councilman Morales and carried to approve the 1997-1998 South County Regional Wastewater Authority (SCRW A) Financial Plan, contingent on action to be taken at the June 24, 1997 SCR W A Board meeting regarding carryovers. Garbage, Refuse, etc. The Staff Report was noted and further explained by City Administrator Baksa regarding setting the maximum charges for the collection of garbage, rubbish, refuse and recyclable materials effective July 1, 1997. Acting City Attorney Faber reviewed the timing for the franchise discussions. John Rice, South Valley Disposal and Recycling, stated that they are very close to finalizing the franchise agreement discussions. He reviewed the public information and outreach they have undertaken. In answer to a question, he stated that there is no penalty for not rinsing out all the food waste from the recycling. Res. 97-38 Motion was made by Councilwoman Rowlison seconded by Councilwoman Rogers and carried to approve Resolution No. 97-38 setting maximum charges for the collection of garbage, rubbish, refuse and recyclable materials effective July 1, 1997. RESOLUTION NO. 97-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH, REFUSE AND RECYCLABLE MATERIALS. PASSED AND ADOPTED this 23rd day of June, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALDEZ. Utility Billing Administrative Services Director Dorn explained the billing transition to South Valley Disposal and Recycling for the month of July, which will be for usage in May and June. He noted that credit cards may be used and they will also work with residents and businesses that may have problems paying the two bills in one month. He noted that no penalties will accrue. City Administrator Baksa stated that he will check to see if we have any emergency funds for assistance. Motion was made by Councilman Gilroy seconded by Councilwoman Rowlison and carried to approve the new timetable to bring the billing up to date. Econ.Incentive The Staff Report was noted and further explained by City Administrator Baksa Policy regarding the changes to the Economic Incentive Policy. Motion was made by Councilman Gilroy, seconded by Councilwoman Rogers and carried to approve the changes to the Economic Incentive Policy. CreditIWaiver The Staff Report was noted and further explained by Community Development of Permit Director Allen regarding granting a credit or waiver of permit fees as part of the Fees Economic Development Incentive Program. Councilman Gilroy stated that he was not in favor of changing the policy. 7010 Councilman Morales stated that he also was not in favor of modifying the policy. Councilwoman Rowlison stated that she was not in favor of setting new policy, but would be in favor of working with developers to waiver or defer costs. Councilwoman Rogers questioned whether the builders could get credits for the manufacturing and office buildings for new businesses coming into town, and was told that they could get credits. She stated that she would like to maintain our existing policy, due to the fact that they can get credits currently for their business. Mayor Protempore Springer stated that he could agree to a one time waiver, rather than a change in policy. Motion was made by Councilman Gilroy seconded by Councilman Morales and carried to not set as a policy to waive any permit fees for businesses as part of the Economic Incentive Policy. Mayor Protempore Springer called for a five minute recess, after which he reconvened the meeting. Charter City Administrator Baksa and Acting City Attorney Faber reviewed the Amendments Charter Amendments proposed for the Municipal Election for November 4, 1997. Councilwoman Rogers questioned tying the $35,000 limit to the CCI. Res. 97-39 Motion was made by Councilwoman Rowlison seconded by Councilman Morales and carried to approve Resolution No. 97-39 for six amendments to the Charter as amended by the Acting City Attorney. RESOLUTION NO. 97-39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROPOSING AMENDMENTS TO THE CITY CHARTER AND DIRECTING SAID AMENDMENTS TO BE SUBMITTED TO THE ELECTORS OF THE CITY. PASSED AND ADOPTED this 23rd day of June, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALDEZ. Res. 97-40 Motion was made by Councilman Gilroy seconded by Councilwoman Rowlison and carried adopting Resolution No. 97-40 as amended by the Acting City Attorney Calling a General Municipal Election for Municipal Officers, a Special Municipal Election for the Purpose of Submitting to the Electors of the City Amendments to the City Charter, a Special Municipal Election for the Purpose of Filling the Vacancy in the Mayor's Office; Requesting Consolidation of Elections with the General Election to be Held November 4, 1997; and Requesting Services of the Registrar of Voters. RESOLUTION NO. 97-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL OFFICERS, A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY AMENDMENTS TO THE CITY CHARTER, A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF FILLING THE VACANCY IN THE MAYOR'S OFFICE; REQUESTING CONSOLIDATION OF ELECTIONS WITH THE GENERAL ELECTION TO BE HELD NOVEMBER 4, 1997; AND REQUESTING SERVICES OF THE REGISTRAR OF VOTERS. PASSED AND ADOPTED this 23rd day of June, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, and SPRINGER COUNCILMEMBERS: NONE COUNCILMEMBERS: VALDEZ. 701 NOES: ABSENT: , Mayor Protempore Springer 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. Councilwoman Rogers noted the fifth anniversary celebration of Caltrain next Monday, June 30, 1997, and also thanked Councilman Gilroy for copies ofthe Kern County Library Internet Use Policy and Guidelines. The following informational items were noted with no separate discussion on same: Legislation Letter Regarding AB 1296 and the City of Gilroy's Consideration for Construction of a Skateboard Park; Customer Service: CHEERS to the City Council from Father Dan Derry, St. Mary Catholic Church; Memorandum of Appreciation to Kathy Sakahara for Coordinating the City Clerk Recruitment; Letter of Appreciation from Mrs. Griffis' Third Grade Class at Luigi Aprea School for Use of a Softball Field for a Rocket Launch; League of California Cities Legislative Bulletin #22-1997 Dated June 13, 1997; Events Schedule for the Five Year Anniversary Celebration for Caltrain on Monday, June 30, 1997; Letter to the Community Regarding the Planning Partnership for Calle Del Rey Park; Kern County Library Policy Protecting Minors from Harmful Matter Over the Internet at Libraries; and Kern County Library Internet Use Policy and Guidelines. P&R 5-20-97 The report of the Parks and Recreation Commission meeting of May 20, 1997 was noted. Sf.Adv.Bd. 4-21-97 The minutes of the Senior Advisory Board Meeting of April 21, 1997 were noted. Arts & Culture The minutes of the Arts and Culture Commission Meeting of May 13, 1997 5-13-97 were noted. Lib.Com. 5-8-97 The minutes of the Library Commission meeting of May 8, 1997 were noted. City Administrator Baksa invited the Council to two ribbon cutting ceremonies July 1, 1997 at 6:00 p.m. at Mantelli Park and 6:30 p.m. at Calle del Rey Park. He requested and Council agreed to the following meetings for next Monday, June 30, 1997: 6:00 p.m. closed session with Bill Avery regarding Fire Department negotiations; 7:00 p.m. to 8:00 p.m. televised workshop to report on the research through discussions with other City Managers regarding Central Fire; and 8:00 p.m. to 9:00 p.m. workshop to discuss Gilroy Unified School District issues for the July 19, 1997 retreat from 9:00 a.m. to 1:00 p.m. He discussed and Council agreed to hold City Clerk interviews on Saturday, July 12, 1997 from 9:00 a.m. to noon. He noted that he held the second session for Falcon negotiations last week. He stated that staff is finalizing the mobile vending policy. He commented that he 7012 Adjrnmt. and Montgomery Watson staff will go to Sacramento on Thursday regarding a possible loan for the reclamation project. Acting City Attorney Faber announced the trial results on the Gurries/Double R Car lawsuit. He acknowledged the work of Scott Jaunich from his law firm and Kevin Picanco, Rick Smelser, and Norm Allen.from the City for their assistance. Motion was made by Mayor Protempore Springer seconded by Councilwoman Rowlison and carried to appoint Councilman Gilroy as the Alternate Member to the Santa Clara County Library Joint Powers Authority Board. Councilman Morales stated that he had received calls to have flag demonstrations on Monterey Street for the holidays and asked if organizations could sponsor the purchase of a flag and post. Councilwoman Rogers reminded everyone of the June 28, 1997 retirement party for Susanne Steinmetz. Councilman Gilroy noted the sports and recycling expo at the old Max Club this weekend. He stated that PeaceBuilders would like to have a retreat the morning of August 19, 1997. Councilwoman Rowlison stated that she sat on a site interview for the California Wellness Village. Mayor Protempore Springer noted the following meetings/events: Retirement Party for Susanne Steinmetz, Saturday, June 28, 1997,6:00 p.m., Gilroy Veteran's Building, 74 W. Sixth Street, Gilroy, California. Joint Study Session of the Gilroy City Council and Planning Commission on Monday, July 14, 1997 at 7:00 p.m. in the Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, California 95020 regarding the City's Affordable Housing Policy and Discussion of the "Infill" Exemption for the Residential Development Ordinance. Mayor Protempore Springer adjourned the meeting at 10: 19 p.m. Respectfully submitted, ~~ Rhonda Pellin, Interim City Clerk