Minutes 1997/09/02
1038
Closed
Session
Posting
Agenda
Roll Call
Vol. Award
Emp.Month
Award
Consent
Calendar
Budget
Ord. 97-7
. .'C' ..'____ ............",..,"............,...c
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Regular Meeting
September 2, 1997
Gilroy, California
Mayor Protempore Rogers apologized for the delay in starting the meeting due
to the length of the two closed sessions. She reported no action was taken on the
two issues, which were: LIABILITY CLAIMS Driscoll vs. Good, claimed against
ABAG Liability Plan and the City of Gilroy pursuant to Government Code Section
54956.95; and THREAT TO PUBLIC SERVICES Consultation with Chief of
Police pursuant to Government Code Section 54957.
Mayor Protempore Rogers led the Pledge of Allegiance to the Flag.
The City Clerk noted that the Agenda had been posted on August 28, 1997,
at 12:31 p.m.
Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Suellen C.
Rowlison, Thomas W. Springer, Pete Valdez, Jr., and Connie Rogers - 7:20 p.m.
Mayor Protempore Rogers presented the Volunteer of the Month of August,
1997 Award to Jeff Watterson.
Mayor Protempore Rogers presented Nory Torres, Crime Prevention
Technician, Police Department, with the Employee of the Month Award for July,
1997. Ms. Torres wished Councilman Morales a Happy Birthday and everyone
joined in singing to him.
Motion was made by Councilman Gilroy, seconded by Councilman Springer
and carried that the following items under the Consent Calendar be approved
removing one portion ofItem F. re: Claim of Mark Zappa to be discussed at a
future closed session, by the following Roll Call Vote: Ayes: Councilmembers:
K. A. Mike Gilroy, Charles S. Morales, Suellen C. Rowlison, Thomas W.
Springer, Pete Valdez, Jr., and Connie Rogers:
Budget Amendments/Transfers as recommended;
Adopted Ordinance No. 97-7 Prezoning approximately 90.05 acres ofland on
the City of Gilroy's Zoning Map, prior to annexation, from County Agriculture to
General Industrial (M2), on property located south of the Terminus of Silacci
Way, west of Miller Slough, Tom S. Obata and Thomas 1. Obata, applicants, Z 97-
03;
ORDINANCE NO. 97-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY PRE-
ZONING FROM COUNTY AGRICULTURAL TO M2 (GENERAL
INDUSTRIAL) ON APPROXIMATELY 90 ACRES, Z 97-03, APN 841-17-069.
PASSED AND ADOPTED this 2nd day of September, 1997, by the following
vote:
Ord. 97-8
AYES:
NOES:
ABSENT:
70.-' q
( , .) ~
COUNCILMEMBERS: GILROY, MORALES, ROWLISON,
SPRINGER, VALDEZ, and ROGERS
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Adopted Ordinance No. 97-8 Prezoning approximately 265:1: acres ofland
located east of Burchell Road, north of Hecker Pass Highway, prior to annexation
from its current County zoning designation, to a combination ofPF (park/Public
Facility, Rl (Single Family Residential), RH (Residential Hillside), and OS (Open
Space), all with a Planned Unit Development (PUD) Overlay zone. City of Gilroy,
applicant, Z 97-02;
ORDINANCE NO. 97-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY PRE-
ZONING TO PF (P ARK/PUBLIC FACILITY), Rl (SINGLE FAMILY
RESIDENTIAL), RH (RESIDENTIAL HILLSIDE), OS (OPEN SPACE) PUD
(PLANNED UNIT DEVELOPMENT OVERLAY ZONING) ON
APPROXIMATELY 265 ACRES, Z 97-02, APN 783-06-04,05,06,07,08,09,
10; 783-13-03 (PORTION).
PASSED AND ADOPTED this 2nd day of September, 1997, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, MORALES, ROWLISON,
SPRINGER, VALDEZ, and ROGERS
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Res. 97-50 Adopted Resolution No. 97-50 of the City Council of the City of Gilroy
approving TM 97-01, a Tentative Map with Residential Lots on Approximately
5.42 acres located east side of Wren Avenue between Ronan Avenue and Farrell
Avenue, APN 790-16-070,072, TM 97-01, Greg Mussallem;
Minutes
Claims
Minutes
Prop.Imp.
Tract 8999
Tract 8995
Pers. Com.
Report
RESOLUTION NO. 97-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 97-01, A TENTATIVE MAP WITH RESIDENTIAL LOTS
ON APPROXIMATELY 5.42 ACRES LOCATED EAST SIDE OF WREN
AVENUE BETWEEN RONAN AVENUE AND F ARRELL AVENUE, APN
790-16-070, 072.
PASSED AND ADOPTED this 2nd day of September, 1997, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, MORALES, ROWLISON,
SPRINGER, VALDEZ, and ROGERS
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Minutes of the Regular Council Meeting of July 28, 1997;
Denied Claims of Rebecca Haro and Margie Phillips;
Minutes of the Regular Council Meeting of August 4, 1997; and
Property Improvement Agreements No. 97-46, Tract No. 8999; and
No. 97-45, Tract No. 8995 - Orchard Valley Communities, Inc.
Peggy Martinez introduced two members of the Personnel Commission, James
Trelut and Rosalinda Lopez, in the audience for the presentation. She explained
why the Commission has gone back to monthly meetings rather than every other
month. She noted the orientation film for commissioners has been good. She
stated that Mr. Trelut and Roxie Thomas will be leaving the Commission at the
end of the year, and requested Council open the recruitment. Mayor Protempore
Rogers noted the procedure for commission appointments.
7040
Plan. Com.
Report
Mark Good
Appeal
Planning Commission Chairperson David Collier discussed the review of large
projects such as the northwest quadrant and Thomas Road area. He noted that
communication has improved between the Commission, staff and the Council. He
commented on specific projects that the Planning Commission has reviewed. He
noted concern for scheduling of special meetings. In answer to a question, he
noted that the interview process for commissioners might include written and oral
portions.
Acting City Attorney Faber noted the request by Mark Good to schedule a
personnel session to review on appeal the decision of the City Administrator
regarding termination. He reviewed the process up to this point, and noted that
Council had received the official records of the hearing and the decision of the City
Administrator tonight and a decision must be rendered within 30 days. He stated
that no new evidence will be presented at the hearing, and that Council can adopt,
modify or revise the decision, and can hold the deliberation in open or closed
seSSIOn.
Consensus of the Council was to hold an open session at 6:00 p.m. on
Monday, September 15, 1997 to present oral arguments; Tuesday, September 16,
1997 at 7:00 p.m. and possibly 8:00 p.m. on September 18, 1997 if needed, for
closed deliberations; and possible open session for announcement of a decision.
ABAG Power- Administrative Services Director Dorn reviewed the request for the City of
pool & JP A Gilroy to Participate in the ABAG Natural Gas and Electricity Powerpool and
Joint Powers Agency.
Acting City Attorney Faber reviewed the four agreements.
Motion was made by Councilman Springer, seconded by Councilman Gilroy
and carried to not enter into the agreement.
City Administrator Baksa suggested a letter be s~nt to ABAG explaining that
the City was uncomfortable with the wording of the agreement.
So.Val.Disposal Acting City Attorney Faber reviewed the process of the negotiations for the
&Recycling, refranchise agreement between the City of Gilroy and South Valley Disposal &
Inc. Refranch. Recycling, Inc.
Administrative Services Director Dorn discussed the lien process if a bill is not
paid.
City Administrator Baksa stated a system is needed for South Valley Disposal
and Recycling, Inc. to deal with bad debt.
Council requested changes to the agreement including revision to the lien
process, wording regarding customer service and answering telephone calls,
wording regarding disposal & recycling services for 29 days consecutively without
notifying the City, clarification on how South Valley Disposal and Recycling, Inc.
is notified of new residents, clarification that the CAN-DO Recycling Program is
not the City of Gilroy's program, wording regarding the collection and disposal for
commercial customers regarding recyclables that can be sold for profit, wording
regarding alley service, and page 37 fourth line should be "to the City."
Todd Thompson, representing South Valley Disposal & Recycling stated that
it is not lawful for the City to regulate recyclables if someone will pick it up for
free.
704
John Rice thanked the City and Andy Faber for working closely with them on
this refranchising. He reviewed the CAN-DO Recycling Program, noting that
South Valley Disposal & Recycling has taken over the billing and customer
service. He noted that they have lowered the rates for the large toters. In answer
to a question, he stated that he will reduce the Senior and Low Income rates and
round the figure off to the lower number. He will also clarify what Senior and
Low Income rates are.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Springer and carried to accept the agreement with the exception of item K on page
35, including the changes made tonight as documented by Acting City Attorney
Faber.
At 9:40 p.m., Mayor Protempore Rogers called a recess, after which she
recalled the meeting to order at 9:50 p.m.
Mayor Protempore Rogers asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Perry Woodward stated that he had requested to have the Mark Good hearing
tapes aired on Channel 34, and that the Public Information Committee denied that
request.
Motion was made by Councilwoman Rowlison seconded by Councilman
Morales and carried to agendize this discussion for the September 15, 1997
meeting.
Michelle Costa stated that she listened to the discussion of what is official vs.
non-official records and suggested that future hearings should be video-taped by
the City.
Mayor Protempore Rogers asked if there was anyone further in the audience
wishing to speak on any matter not on the agenda. There was no further comment
from anyone in the audience.
League Voting Mayor Protempore Rogers designated Councilman Valdez the voting
Delegates delegate and Councilman Morales the alternate voting delegate for the League of
California Cities Annual Conference.
AB23
Noted and continued to September 15, 1997 a request of Assemblyman Don
Perata for support of AB 23 which would provide California law with its first
generic definition of an assault weapon. Councilman Springer provided a copy of
the bill off the Internet.
City of Santa
Clara EMS
Resolution
Noted a request for the City of Gilroy to support the City of Santa Clara's
Emergency Medical Services Resolution for Consideration by the League at its
Annual Conference.
City Administrator Baksa suggested that the City of Gilroy take no action.
Motion was made by Councilman Gilroy, seconded by Councilwoman
Rowlison and carried that the City of Gilroy take no action in support of the City
of Santa Clara's Emergency Medical Services resolution for consideration by the
League at its annual conference.
The following informational items were noted with specific appreciation noted
to Donna Greenhut for her assistance during the election:
General Plan Update:
Letter of Appreciation for citizens serving on the City of Gilroy's General Plan
Update Selection Committee; and
7042
Letter of Congratulations for appointments to the City of Gilroy's General Plan
Update Committee.
Customer Service:
Assessment of the Gilroy Police Department Management Team by facilitators
Ron Cristando and Dave Carey;
Letter of Appreciation to John Garcia for his assistance in providing
transportation and manpower;
Letter of Thanks to John Garcia for his cooperation and prompt assistance
with the Migrant Education 8th Grade graduation celebration;
Letter Commending Jim Davis for his management and control of a recreation
group attending a fire station tour;
Letter Complimenting Jim Davis for his leadership over the Jordan School
recreation program;
Letter Commending Billy Perguidi for his assistance in locating a "lost"
grandson at Christmas Hill Park;
Letter of Recognition for camp leaders Annika, Kevin, Whitney, Sarah, and
Myra at EI Roble School site;
Letter of Commendation for Donna Greenhut for assistance with the final filing
week for the municipal election;
Letter to the Editor thanking Jeff Castro, Water Division, for checking
sediment in a water sample;
Letter of Appreciation for Assistance by the Fire Department on a Medical
Emergency;
Letter of Appreciation to Arlene Jeske, Finance Division, for her Exceptional
Customer Service; and
Letter of Thanks for the Summer Camp Program.
Informational items:
Letter from Rebecca Q. Morgan, Joint Venture: Silicon Valley Network, for
the City Council's continued support and partnership;
-"
Letter from Michelle (age 10) requesting the City Council make a difference
regarding viewing items at the Library;
Drought Alert Calculations - Summary of Monthly Water Production, July,
1997;
Information from the Gilroy Visitors Bureau, including minutes of June 1 0,
1997, Letter regarding tourism, and Financial Statements, July, 1997;
League of California Cities Legislative Bulletin #28-1997, dated August 12,
1997;
Santa Clara Valley Transportation Authority Advisory Committee Vacancies;
P&RCom.
7-15-97
Sr.Adv.Bd.
7-21-97
A&CCom.
7 -8-97
Lib.Com.
7 -9-97
704-=)
Community Development Department - Planning Division Monthly Report of
Long-Range Applications and Status ofRDO Allocation & Activity; and
Letter to President Clinton regarding recent actions that may lead to the
shutdown of Amtrak.
The minutes of the Parks and Recreation Commission meeting of July 15,
1997 were noted.
The minutes of the Senior Advisory Board meeting of July 21, 1997 were
noted.
The minutes of the Arts and Culture Commission meeting of July 8, 1997 were
noted.
The minutes of the Library Commission meeting of July 9, 1997 were noted.
City Administrator Baksa noted the need for a committee to assist Supervisor
Don Gage regarding LAFCO approval of the golf course, and Mayor Protempore
Rogers and Councilmembers Gilroy and Valdez volunteered.
City Administrator Baksa announced that he has been named to the Santa
Clara County Charter revision program.
Acting City Attorney Faber noted that today is also City Attorney Callon's
birthday and also her fifteenth anniversary with their firm.
Mayor Protempore Rogers stated that even though the Councilmembers had a
vacation, they were busy during August. She noted the successful Rail Fair in
conjunction with the Antique Fair, which raised about $3,000. She stated that she
feels badly about the serious fire this afternoon, and commended the firefighters for
their work. She noted that graffiti has been more prevalent and our graffiti
volunteers are getting tired and would like more volunteers. She asked citizens to
call Sandra Sammut at 848-0460 or the Police Department if anyone is interested
in volunteering. She noted the $100 reward from the Police Department and the
$100 reward from the Gang Task Force for information leading to the arrest of
those painting graffiti.
Councilman Morales reminded everyone that school is in session and to watch
for children. He noted the anonymous donations for the canine unit.
Councilman Valdez stated that he attended David Alvarez' staff development
day at Gilroy High School, and noted that he will pass the information on to the
rest of the Councilmembers. He requested a report on how well the City is
prepared for the EI Nino storms, specifically regarding the sewer plant. He
presented the VT A Performance Report noting the increase in ridership. He
stated that Huck Hagenbuck made a short video entitled"Wish Upon a Star" for
the facility maintenance station to be located in Gilroy. He noted that LULAC and
the Gilroy Downtown Development Corporation are sponsoring Plaza de Gilroy
on September 14, 1997.
Councilman Gilroy reminded everyone of the September 12, 1997, Fifth
Annual Golf Course Tournament for the Gang Task Force and the Youth Centef.
Councilman Springer requested an update on Tecate, our sister city.
Mayor Protempore Rogers noted the following meetings/events:
7044
Joint Retreat of the Gilroy City Council and the Gilroy Unified School District
Board of Education on Monday, September 8, 1997 at 7:00 p.m. in the Gilroy
Unified School District Board Room, 7810 Arroyo Circle, Gilroy, California to
discuss items of mutual interest.
Workshop of the Gilroy City Council on Wednesday, September 10, 1997 at
7:00 p.m. in the Council Chambers, 7351 Rosanna Street, Gilroy, California to
discuss Planned Unit Development and Lot Size Requirements.
Joint Introductory Meeting for the General Plan Update to include the Gilroy
City Council, Planning Commission, Parks and Recreation Commission, Library
Commission, and Arts and Culture Commission members on Wednesday,
September 17, 1997 at 7:00 p.m. in the Senior Center Meeting Room, 7371 Hanna
Street, Gilroy, California.
City Employees' Annual Barbecue on September 20, 1997,4:00 p.m. at
Christmas Hill Park.
Joint Retreat of the Gilroy City Council and the Gilroy Unified School Board
Members on Wednesday, October 8, 1997 from 7:00 p.m. to 10:00 p.m. in the
Gilroy Unified School District Board Room, 7810 Arroyo Circle, Gilroy,
California regarding items of mutual interest.
League of California Cities Annual Conference, Moscone Convention Center,
San Francisco, California, October 12-14, 1997.
Mayor Protempore Rogers adjourned the meeting at 11 :02 p.m.
Respectfully submitted,
~_IZu~.
/s/ RHONDA PELLIN
City Clerk