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
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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.
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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