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Minutes 1997/11/03 7072 Invocation Posting Agenda Roll Call Work Group Jail Insp. Consent Calendar ....., # --"_._-~~~~.~- "'0'"'' _'_"".~',,,,,_,,,", .,C~'''';'''''-';''';'-.'-",'''~,.'''''.,'-'''_. "".CO. "_~''''. "';',"",'=='C,--'" -"..0.=, ,.~::",,"'-"'_..":":';;'C;'C;C'.~" Regular Meeting November 3, 1997 Gilroy, California Mayor Protempore Valdez led the Pledge of Allegiance to the Flag. Pastor Malcolm MacPhail, New Hope Community Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on October 30, 1997 at 9:30 a.m. Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie Rogers, Suellen C. Rowlison, Thomas W. Springer, and Pete Valdez, Jr. - 7:05 p.m. Mayor Protempore Valdez presented certificates to the members of the Work Group for the Police Department Jail Facility Inspection. Motion was made by Councilman Morales, seconded by Councilwoman Rowlison and carried that the following items under the Consent Calendar be approved removing Item C. re: Minutes of the Regular Council Meeting of October 20, 1997, by the following Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie Rogers, Suellen C. Rowlison, Thomas W. Springer, and Pete Valdez, Jr.: K & B-Monterey Property Improvement Agreement No. 97-67, Tract No. 9002, Kaufman and Bay, Inc. Broad - Monterey Bay, Inc.; Budget Minutes Budget Amendments/Transfers as recommended; Approved the minutes of the Regular Council Meeting of October 27, 1997; and L ~ _ _ 70"/ :) Ord.97-1O Adopted Ordinance No. 97-10 Repealing in its Entirety Chapter 16A of the Code of the City of Gilroy and Replacing it with a New Chapter 16A Entitled Peddlers, Solicitors, Vendors and Other Transient Businesses. ORDINANCE NO. 97-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING IN ITS ENTIRETY CHAPTER 16A OF THE CODE OF THE CITY OF GILROY AND REPLACING IT WITH A NEW CHAPTER 16A ENTITLED PEDDLERS, SOLICITORS, VENDORS AND OTHER TRANSIENT BUSINESSES. PASSED AND ADOPTED this 3rd day of November, 1997, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, and VALDEZ COUNCILMEMBERS: None COUNCILMEMBERS: None. Councilwoman Rogers questioned the minutes of October 20, 1997 page 4 regarding the tie vote on the Glen Lorna project. City Attorney Callon stated that if the minutes are in order, they should be approved at this time, since this is not the forum to discuss the issue of the action taken. She explained that discussion on the action taken can be brought up under the Mayor Protempore's report or Councilmembers' reports. Minutes Motion was made by Councilwoman Rogers, seconded by Councilwoman Rowlison and carried to approve the minutes of October 20, 1997 and discuss the Glen Lorna issue under the Mayor Protempore's report, later in the meeting. Library Com. Report Library Commission Chairperson Lai noted that Jenny Howard and Sunny Khandwala, Library Commission members, were also in the audience. She explained that the Library Commission's goal is to make the citizens more aware of the services of the Library. She noted the conflict of ideas regarding the internet access policies of the Library regarding pornography. She reminded the Council of the library expansion soon to take place. Calpine Power Mayor Protempore Valdez noted a proposal from Calpine Power Services to Services provide electric generation services to the City of Gilroy. City Administrator Baksa gave an overview regarding research undertaken to reduce costs for electricity. Administrative Services Director Dorn stated that Calpine Power Services bought out the Gilroy Energy Company, and explained the proposal by Calpine to provide electric generation services to the City of Gilroy. Motion was made by Councilman Morales, seconded by Councilman Springer and carred to authorize Staff to negotiate a contract with Calpine for electric energy purchase. Water/Sewer Credit City Administrator Baksa gave an update on the overbilling for water and sewer charges and the planned catch up billing process for the utility billing process. Administrative Services Director Dorn explained the research on the utility billing or water and sewer services. He explained that the auditors have requested that the billing be completed on a more timely basis. He noted that he is recommending that the December bill not be sent out, which will accomplish the catch-up process. Motion was made by Councilman Gilroy, seconded by Councilman Morales and carried to recommend that the City of Gilroy credit (not bill) all customers for water and sewer services provided in the month of December, 1997. 7074 P&RCom. Rep.-Gen. Plan Update Committee Mayor Protempore Valdez asked ifthere was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. Mayor Protempore Valdez noted a request by the Parks and Recreation Commission to allow Todd Perkins to remain as the P & R Commission's representative on the General Plan Update Committee, subsequent to completion of his second complete term on that Commission as of January 1, 1998. City Administrator Baksa explained the request. Motion was made by Councilman Morales, seconded by Councilman Springer and carried to deny the request, but encourage Mr. Perkins to continue his presence in the review committe not as a Commission member but as a member of the public. It was stated that if the Committee adds on additional members during the process, Mr. Perkins could apply at that time as a citizen member. Motion was made by Councilwoman Rowlison, seconded by Councilwoman Rogers and carried to send a letter requesting urgent action and active support to retain the Navy Air Reserve VP-91 Squadron at Moffett Federal Airfield. The following informational items were noted with no separate discussion on same: Customer Service: Letter of Thanks to the California Department of Forestry and Fire Protection for Repairs Made to the City of Gilroy Fire Department's Drafting Pit. Informational items: Letter from Bob Johnson, President, Santa Clara County Cities Association, to The Honorable Bruce McPherson, Requesting Urgent Action and Active Support to Retain the Navy Air Reserve VP-91 Squadron at Moffett Federal Airfield; South County Regional Wastewater Authority Ongoing Engineering Activities, October 28, 1997 SCRW A Board Meeting; Gilroy Sales Tax Digest, 2Q Sales - Results of State Board of Equalization's Third Quarter Collections, Reflecting Second Quarter Sales; Letter from Martha L. Martinez, Resigning from the Parks and Recreation Commission; Gilroy Visitor's Bureau minutes of August 14, 1997 and Financial Statements and minues of September 11, 1997 and Financial Statements; and Memorandum Regarding Termination of Merger Process for the Odd Fellow- Rebekah Children's Home, Chamberlain's Mental Health Service, and Chamberlain's Children's Center. City Administrator Baksa distributed a draft white paper on the golf course in preparation of the meeting with LAFCO. He distributed a press release from last week regarding escrow close on the Thomas Road Sports Complex, noting that we now own the 80 acres. He stated that he had talked with Fire Chief Gillespie concerning the Emergency Medical Services issue, noting that he would like to bring it back in a roundtable approach, and will schedule this for a future date. Mayor Protempore Valdez requested further discussion on the question of the tie vote on October 20, 1997 regarding the Glen Lorna project. Council discussed the need for a policy when the Council has a 3-3 tie. Consensus of the Council was to place this discussion on the agenda for the Council retreat. Kenneth E. Merrill 7< f' -, F U I :) Mayor Protempore Valdez noted appointments on the Board committees for the Santa Clara County Cities Association and also on the League of California Cities Peninsula Division committees. He remarked on his meeting with the Joint Powers site selection committee, noting that the Train Depot rated third and South Gilroy rated fifth as the preferred alternative. He noted that there will be a public presentation on the maintenance facility at the November 17, 1997 Council meeting. Councilman Springer requested Council name a local street after Kenneth E. Merrill. Councilman Morales requested a friendly amendment to add Coach Art Baxter to the request. Mayor Protempore Valdez suggested that the Gilroy Unified School District consider naming a school after Kenneth E. Merrill. Consensus of the Council was to recommend the street naming committee name a local street after Kenneth E. Merrill. City Administrator Baksa stated that he will get a copy of the policy for the Council. Councilman Gilroy urged everyone to vote tomorrow and thanked his fellow candidates for a clean campaign. Councilwoman Rogers asked if there were enough applicants to fill the P & R Commission with the additional vacancy of Commissioner Martinez, and was told there are enough applicants. She noted the nice Strand Theater Halloween party. She stated that she attended a training session of the General Plan Committee, noting that it is off to a good start. She thanked everyone for allowing her to serve and requested everyone vote carefully. Councilman Morales questioned how to request the Department of Motor Vehicles and the Post Office to move and expand their services. Council requested the Mayor Protempore write letters to this effect. Mayor Protempore Valdez noted the following meetings/events: Tour of the Proposed new Golf Course Site for LAFCO Members, November 18, 1997, 10:15 a.m., meet in the Planning Division, City Hall, 7351 Rosanna Street, Gilroy, California. Joint Retreat of the Gilroy City Council and the Gilroy Unified School Board Members on Tuesday, November 18, 1997, 7:00 p.m. in the Gilroy Unified School District Board Room, 7810 Arroyo Circle, Gilroy, California regarding items of mutual interest. Study Session on the Community Development Block Grant Priorities, November 19, 1997, 7:00 p.m. in the Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California. Interviews by the City Council for Applicants for CommissionIBoard Appointments, 7:00 p.m., December 8, 1997, Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California. Police Department Master Plan Tour and Review, 7:00 p.m., December 10, 1997, Senior Center Meeting Room, 7371 Hanna Street, Gilroy, California. Councilwoman Rogers noted the ABAG General Assembly meeting on November 21, 1997, commenting that the topic is regarding schools, and the role for cities and counties. Council agreed that the City Clerk should call the Gilroy Unified School District offices tomorrow and invite our local school board members. 7076 Pub. Employee At 9:07 p.m. Mayor Protempore Valdez adjourned the meeting to a Closed Perf Eval. Session regarding Public Employee Performance Evaluation, City Administrator. Adjrnmt. At 10:15 p.m. Mayor Protempore Valdez reconvened the meeting and noted that no action was taken during the Closed Session, and at 10: 16 p.m. Mayor Protempore Valdez further adjourned the meeting. Respectfully submitted, ,~wA(/~.' /s/ RHONDA PELLIN City Clerk