Minutes 1999/03/15
7318
Invocation
Posting
Agenda
Roll Call
New
Employees
Marie Patane
Blankley
Proc. -Science
Fair Week
Regular Meeting
March 15, 1999
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Bob Achilles, Trinity Bible Church, gave the Invocation.
The City Clerk noted that the Agenda had been posted on March 11, 1999
at 12:21 p.m.
Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles
S. Morales, Suellen C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and
K. A. Mike Gilroy - 7:00 p.m.
The Mayor introduced new employees Julie Guyton, Public Safety
Communicator I, Police Department and Raymond Chin, Accounting Supervisor,
Finance Division, Administrative Services Department.
The Mayor presented a Certificate of Service to retired Planning Commissioner
Marie Patane Blankley.
The Mayor noted a proclamation for Science Fair Week - March 28th to April
3rd, 1999, which was previously presented to the Santa Clara Valley Science and
Engineering Fair Association.
Proc.-Arbor Day The Mayor noted a proclamation for Arbor Day, March 13, 1999, which was
previously presented to Rick Brandini.
Emp. Award
Vol. Award
Consent
Calendar
Budget
Res. 99-21
The Mayor presented the Employee Award for the Month of February, 1999,
to Alan Low, Senior Plan Review Technician, BLES Division, Community
Development Department.
The Mayor presented the Volunteers of the Month of March, 1999 Award
to Tim Maguire, Rudy Perez, Adrian Rosales and Valerie Valdez Dale.
Motion was made by Councilman Morales, seconded by Councilman Springer
and carried that the following items under the Consent Calendar be approved, by
the following 'Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano,
Lisabeth A. Gifford, Charles S. Morales, Suellen C. Rowlison, Thomas W.
Springer, Anthony C. Sudol III, and K. A. Mike Gilroy:
Budget Amendments/Transfers as recommended;
Adopted Resolution No. 99-21 authorizing the City Administrator or his
designee to file an application for Federal Surface Transportation Program and
Congestion Mitigation and Air Quality Improvement Program funding.
ttESOLUTION NO. 99-21
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE CITY ADMINISTRATOR OR HIS DESIGNEE TO FILE
AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION
PROGRAM AND CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM FUNDING.
PASSED AND ADOPTED this 15th day of March, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Res. 99-22 Adopted Resolution No. 99-22 regarding the imposition of a special
assessment lien for the costs of the public nuisance abatement regarding Alfred and
Lydia Montanos' property located at 8605 Murray Avenue, Gilroy, California,
APNNo.835-01-003.
RESOLUTION NO. 99-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
REGARDING THE IMPOSITION OF A SPECIAL ASSESSMENT LIEN FOR
THE COSTS OF THE PUBLIC NUISANCE ABATEMENT REGARDING
ALFRED AND LYDIA MONTANOS' PROPERTY LOCATED AT 8605
MURRAY AVENUE, GILROY, CALIFORNIA, APNNO. 835-01-003.
PASSED AND ADOPTED this 15th day of March, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Ord. 99-2
Adopted Ordinance No. 99-2 approving an application for a change in the
zoning designation from R3, Medium Density Residential, to R3-PUD, Medium
Density Residential-Planned Unit Development, on approximately 1.11 acres, APN
841-12-053, Z 98-08, Robert Martinez, applicant.
ORDINANCE NO. 99-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN THE ZONING
DESIGNATION FROM R3, MEDIUM DENSITY RESIDENTIAL, TO R3-
PUD, MEDIUM DENSITY RESIDENTIAL-PLANNED UNIT
DEVELOPMENT, ON APPROXIMATELY 1.11 ACRES, APN 841-12-053, Z
98-08, ROBERT MARTINEZ, APPLICANT.
PASSED AND ADOPTED this 15th day of March, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 99-23 Adopted Resolution of Intention No. 99-23 to approve an amendment to
contract between the Board of Administration ofthe Public Employees' Retirement
System and the City Council of the City of Gilroy.
RESOLUTION NO. 99-23
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL
OF THE CITY OF GILROY.
PASSED AND ADOPTED this 15th day of March, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 99-24 Adopted Resolution No. 99-24 releasing a grant award to the County of Santa
Clara as part of a regional Juvenile Crime Enforcement Coalition (RJCEC).
RESOLUTION NO. 99-24
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
RELEASING A GRANT AWARD TO THE COUNTY OF SANTA CLARA AS
PART OF A REGIONAL JUVENILE CRIME ENFORCEMENT COALITION
(RJCEC).
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PASSED AND ADOPTED this 15th day of March, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNC~MEMBERS: NONE
Res. 99-25 Adopted Resolution No. 99-25 approving TM 98-11, a Tentative Map with
four duplex lots on approximately 1. 11 acres located east of Eighth Street and east
of Chestnut Street, APN 841-12-053, Robert Martinez, applicant.
RESOLUTION NO. 99-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 98-11, A TENT A TIVE MAP WITH FOUR DUPLEX LOTS
ON APPROXIMATELY 1.11 ACRES LOCATED EAST OF EIGHTH STREET
AND EAST OF CHESTNUT STREET, APN 841-12-053, ROBERT
MARTINEZ, APPLICANT.
PASSED AND ADOPTED this 15th day of March, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNC~MEMBERS: NONE
Res. 99-26 Adopted Resolution No. 99-26 approving A/S 98-39 (PUD), an application for
Architectural and Site approval of a Planned Unit Development (PUD) involving
approximately 1.11 acres, APN 841-12-053, Robert Martinez, applicant.
RESOLUTION NO. 99-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 98-39 (PUD), AN APPLICATION FOR ARCHITECTURAL
AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD)
INVOLVING APPROXIMATELY 1.11 ACRES, APN 841-12-053, ROBERT
MARTINEZ, APPLICANT.
PASSED AND ADOPTED this 15th day of March, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNC~MEMBERS: NONE
Res. 99-27 Adopted Resolution No. 99-27 authorizing and approving the issuance by the
South County Regional Wastewater Authority of Revenue Bonds (Regional
Wastewater Facilities Project) Gilroy Refunding Series 1999A; approving the form
and authorizing the execution of a refunding installment purchase agreement
relating to capacity rights in regional wastewater facilities, an escrow agreement,
an official statement, a continuing disclosure agreement, and a bond purchase
agreement; and authorizing the execution and delivery of and approving other
related documents and actions in connection therewith.
RESOLUTION NO. 99-27
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if
A RESOLUTION OF THE CITY OF G~ROY AUTHORIZING AND
APPROVING THE ISSUANCE BY THE SOUTH COUNTY REGIONAL
W ASTEW ATER AUTHORITY OF REVENUE BONDS (REGIONAL
WASTEWATER FACILITIES PROJECT) GILROY REFUNDING SERIES
1999A; APPROVING THE FORM AND AUTHORIZING THE EXECUTION
OF A REFUNDING INSTALLMENT PURCHASE AGREEMENT RELATING
TO CAPACITY RIGHTS IN REGIONAL WASTEWATER FACILITIES, AN
ESCROW AGREEMENT, AN OFFICIAL STATEMENT, A CONTINUING
DISCLOSURE AGREEMENT, AND A BOND PURCHASE AGREEMENT;
AND AUTHORIZING THE EXECUTION AND DELIVERY OF AND
APPROVING OTHER RELATED DOCUMENTS AND ACTIONS IN
CONNECTION THEREWITH.
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PASSED AND ADOPTED this 15th day of March, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNC~MEMBERS: NONE
Jiffy Lube
Approved Property Improvement Agreement No. 99-05, Jiffy Lube
International of Maryland, Inc., 701 First Street, Gilroy, APN 790-23-027; and
Minutes
Minutes of the Regular Council Meeting of March 1, 1999.
Bid-Bridge City Administrator Baksa presented recommendations to award the bid of
Replacement RGW Construction, Inc. in the amount of$1,498,796.11 for Bridge Replacement
& Rail Mod. and Bridge Rail Modification (99-CDD-505).
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried that the bid by RGW Construction, Inc. in the amount of
$1,498,796.11 be awarded for Bridge Replacement and Bridge Rail Modification
(99-CDD-505).
Bid-Diesel City Administrator Baksa presented recommendations to award the bid of
Exhaust Extr. Air Exchange, Inc. in the amount of$51,894.60 for a Diesel Exhaust Extraction
System System (RFP-FD-251).
Motion was made by Councilmember Arellano, seconded by Councilman Sudol
and carried that the bid by Air Exchange, Inc. in the Amount of $51,894.60 be
awarded for a Diesel Exhaust Extraction System (RFP-FD-251).
Pub.Hearing The Mayor stated it was the time and place scheduled for a Public Hearing on
CDBG Funds the Community Development Block Grant Program Funding Cycle for 1999-2000
Program Year.
Councilmember Gifford recused herself from this item since she has clients
from projects requesting funding, and stepped down from the dais.
Barbara Martinez Smith, Chair of the Citizens Advisory Committee for the
Community Development Block Grant Program, explained the process to
recommend the allocation of public service agency funds, and acknowledged the
volunteers on the Advisory Committee.
The Mayor opened the Public Hearing.
Shirley Trevino, CAUSA, explained her proposed program/project, and
requested support. She introduced Nellie De La Cruz, who attended the tutoring
program, and is currently a tutor in the program.
Eleanor Villarreal, Rebekah Children's Services, explained her proposed
program/project, and requested support.
Cheryl Huguenor, Live Oak Adult Day Services, explained her proposed
program/project, and requested support.
Edward Sanchez, Gilroy Citizenship Project, explained his proposed program/
project, and requested support.
Dina Campeau, Emergency Housing Consortium, explained her proposed
program/project, and requested support to at least last year's funding.
(At 7:42 p.m. Councilman Morales left the Council Chambers, and returned at
7:44 p.m.)
Miss Ott, resident of the Emergency Housing Consortium, requested funding
for this project.
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Pub.Hearing
TM 98-12
Lucy Olivares, CAUSA, explained her proposed program/project, and
requested support. She invited several of the tutors, two students, and parents to
speak about the program.
Donna DiMinico, Long Term Care Ombudsman Program, thanked the CAC
for their recommendation.
Ann Marquart, Project Sentinel, explained her proposed program/project, and
requested support. Maria Martinez and Martha Newton spoke on this request.
Luis Perez, MACSA, explained his proposed program/project, and requested
support.
Caroline Punches, HOPE Rehabilitation Services, explained her proposed
program/project, and requested support.
Marge Albaugh, St. Joseph's Family Center, explained her proposed program/
project, requested support, and thanked the Council for past support.
Cindy McCown, Second Harvest Food Bank, explained her proposed program/
project, requested support, and thanked the Council for past support.
The Mayor closed the Public Hearing.
Several Councilmembers thanked the CAC for their work.
Motion was made by Councilman Sudol regarding reallocation of funds, and
the motion died for lack of second.
Motion was made by Councilmember Arellano, seconded by Councilwoman
Rowlison and carried (Councilmember Gifford absent) to approve the Community
Development Block Grant Program Funding Cycle for 1999-2000 Program Year
as follows:
Catholic Charities - Long Term Care Ombudsman $4,000
Community Solutions - La Isla Pacifica Shelter $4,000
ESO-CAUSA Tutoring $4,000
EHC-Shelter for Homeless $4,000
Gilroy Citizenship Project-Citizenship Assistance Program $4,000
Hope Rehab Services-Community Employment $4,000
Live Oak Adult Day Services-Adult Day Care $4,000
MAC SA-Mothers & Sons $4,000
Outreach-Special Needs Transportation $4,000
Project Sentinel- TenantILandlord Counseling $6,000
Rebekah Children's Services-FamilyCare $8,000
Second Harvest Food Bank-Operation Brown Bag $4,000
St. Joseph's Family Center-Housing & Family Services $9,000
Fair Housing Counseling $13,500
Councilmember Gifford returned to her seat at the dais.
At 8:29 p.m. the Mayor called a ten minute recess, after which he recalled the
meeting to order.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide a 20.4 acre site into a 19-10t industrial
subdivision, on property zoned Ml (Limited Industrial) located on the west side of
Forest Street, at the terminus of Yamane Drive. Robert Kishimura and Albert
Fortino, applicants, TM 98-12.
The staff report was noted and further explained by Planner II Durkin.
The Mayor opened the Public Hearing.
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Bill Reimal, Kentwood Court, representing the applicants, gave a history of
this project.
The Mayor closed the Public Hearing.
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried to approve the mitigated Negative Declaration, finding that; (a) it is
completed in compliance with CEQA; (b) it reflects the independent judgment of
the City; and ( c) there is no substantial evidence that the project will have a
significant effect on the environment.
Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried to direct staff to prepare a resolution approving TM 98-12.
Pub.Hearing
A 98-02
The Mayor stated it was the time and place scheduled for a Public Hearing on
an annexation request to incorporate 18.68 acres ofland contiguous to the City of
Gilroy currently zoned County Agriculture, located at the northeast corner of
Farrell Avenue and Wren Avenue, within the City limits. Gilroy Unified School
District, applicant, A 98-02.
The staff report was noted and further explained by Planner II Durkin.
The Mayor opened the Public Hearing.
Jane Howard, Gilroy Unified School District Board of Education, stated that
City staff has been working closely with the School District on this project.
David Alvarez, Superintendent, Gilroy Unified School District, thanked City
staff for working with the district.
The Mayor closed the Public Hearing.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to direct staff to prepare a resolution approving A 98-02.
TIF Reimb. The Mayor noted a request by John Filice, representing several developers,
that the Longmeadow/Santa Teresa Traffic Signal reimbursement be based on the
new cost schedule which went into effect on February 8, 1999, which would be
$283,581.91.
Community Development Director Allen reviewed the request
Motion was made by Councilman Morales, seconded by Councilman Springer
and carried (Councilmembers Arellano and Gilroy voting no) to approve a
reimbursement of$283,581.91.
Mayor Pro Tern The Mayor noted the need to appoint a Mayor Protempore from April 1, 1999
to November 30, 1999.
Motion was made by Mayor Gilroy, seconded by Councilman Sudol and
carried to appoint Councilman Springer as the Mayor Protempore from April 1,
1999 to November 30, 1999.
Councilman Sudol thanked the Mayor for allowing him to act as Mayor
ProTem for the last eight months.
1999-2004
CIB
The Mayor noted a request for approval of the 1999-2004 Capital
Improvement Budget.
The City Administrator commented on the Planning Commission review of the
CIB.
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Community Development Director Allen answered specific questions on the
Santa Teresa Boulevard project.
Motion was made by Councilman Springer, seconded by Councilman Sudol
and the motion did not carry to accelerate the design and construction of Sunrise
Park, Carriage Hill Park, and Hirasaki Park, and defer the Las Animas Park
drainage improvements.
Motion was made by Councilmember Arellano, seconded by Councilman
Morales and carried (Councilmembers Rowlison, Springer, and Sudol voting no)
to approve the 1999-2004 Capital Improvement Budget.
Councilman Springer stated that he voted no on this item strictly over the park
Issue.
Councilmember Arellano stated that she is in favor of accelerating the parks
construction, but wants to wait for the Parks Master Plan.
RDO Affordable The Mayor noted a review of proposed amendments to the RDO (Residential
Housing Development Ordinance) Affordable Housing Exemption Procedure policy,
Exemption M 99-03.
Motion was made by Councilmember Arellano, seconded by Councilman
Morales and carried to continue this request to May 17, 1999, due to the Planning
Commission continuance.
PERS Contract The Mayor noted an Ordinance of the City Council of the City of Gilroy
authorizing an amendment to the contract between the City Council of the City of
Gilroy and the Board of Administration of the California Public Employees'
Retirement System.
Motion was made by Councilman Sudol, seconded by Councilman Springer
and carried to read the Ordinance by title only and waive further reading of the
Ordinance. The City Clerk read the Ordinance by title only.
Motion was made by Councilman Sudol, seconded by Councilmember Arellano
and carried to introduce the Ordinance authorizing an amendment to the contract
between the City Council of the City of Gilroy and the Board of Administration of
the California Public Employees' Retirement System.
Spectrum
Group
The Mayor noted a request by the Spectrum Group to be permitted to process
an RDO Affordable Housing Exemption request for the Village Green project.
The staff report was noted and further explained by Planner II Durkin.
The City Attorney explained that no action can be taken at this time. She
explained that this will need to be voted on at the public hearing for numerical
limits in late April.
Councilman Springer stated that Council should send this request to the
Planning Commission for an analysis of the project in scope and make a
recommendation as to what parts of the project might fit in an exemption and what
should go through a competition.
Dan Young, applicant, stated that this is a project worthy of review. He stated
that the City needs to provide a balance of housing types for Gilroy, and he stated
that this project would provide that balance. He stated that he wants to go
through the steps to entitle this project, including asking the Planning Commission
if the project conforms.
Robert Oneto, Ruggeri-Jensen-Azar & Associates representing five property
owners including the Vanni's, Filice, Conrotto, Takiashu and Hoey, noted a
potential conflict with this project with what is being proposed by the General Plan
Update Committee. The Mayor explained that these comments were not
appropriate at this time and Mr. Oneto returned to his seat.
73~:'~
Steve Rider, Catelis Development Corporation, stated he is one of several
developers looking at the RDO selection process. He stated that it is unfair that
the Spectrum Group has been able to bring their project before Council for review,
and possibly gain an advantage by going around the RDO process.
John Donahoe, Ruggeri-Jensen-Azar, representing several projects, requested
that when the RDO numerical limits review occurs in April, the Council needs the
number of existing projects with partial allocations and the remaining balance of
units that are necessary to complete the projects, as well as an audit of projects
that could be considered as infill projects and what those numbers are.
The City Administrator restated the motion to include four requests including
1) a recommendation on whether there should be an RDO competition 2) any
recommendation on whether there should be any increase in the 4,000 housing
units 3) whether there should be any redirection of the 655 and 50 units at this
point 4) and the exemption application by the applicant of whether they are exempt
from the RDO or not or some portion.
Councilman Springer stated that the first three items are already scheduled to
be heard at the Planning Commission, and the motion is just for the fourth item.
The City Attorney clarified that the applicant wishes to process an M
application for exemption and is asking staff to process the application. She noted
that Council's motion would be to direct staff to process the application in the
normal manner for Planning Commission review, with the condition that final
approval of the RDO is pending if there are not sufficient exemption units available
for the project.
Motion was made by Councilman Springer seconded by Councilman Morales
and carried to direct staff and the Planning Commission to review and process an
application for exemption by the Spectrum Group.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
(At 10:35 p.m. Councilman Sudol left the Council Chambers, and returned at
10:37 p.m.)
John Vogel, Las BrisasILas Altos Estates in Hollister, noting the construction
problems with new homes occurring in Hollister. He stated that he hopes that the
Council does not allow this to happen in Gilroy.
(At 10:36 p.m. Councilmember Gifford left the Council Chambers, and
returned at 10:38 p.m.)
Mark Collins, resident of the Glen Brook homeowner's association, displayed
pictures of homes under construction, noting that homeowners are trying to get
problems repaired on their homes without success.
The City Attorney clarified that these presentations were made by members of
the general public, and that the listening public should not depend on any
information heard, but should seek their own legal advice.
Councilman Springer noted agenda item IXB.l.a. item #7 regarding funding
infrastructure and asked the City Council to review it and take a position. He also
noted agenda item IX.B.1.b. item #4 regarding SR 8 regarding the State
Transportation System funding and questioned whether the survey was completed,
and the City Administrator indicated that it had been returned.
Councilwoman Rowlison noted letters from Rose Marie Joyce and Peter Graff
in appreciation of the $12,000 for the Small Business Development Center. The
City Administrator stated that he will be clarifying this with Ms. Joyce.
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The following information items were noted with no separate discussion on
same:
Legislation:
League of California Cities Legislative Bulletin #8-1999 dated February 26,
1999; and
League of California Cities Legislative Bulletin #9-1999 dated March 5, 1999.
General Plan Update:
General Plan Update Committee - January 1999 Activity Report.
Customer Service:
Note of thanks from Eleanor Villarreal, IOOF Children's Home, to Fire
Engineer Ed Bozzo for delivering Santa to the Foster Care Christmas Party on
December 15, 1998;
Letter of thanks from Matthew T. Cooper, Marine Toys for Tots Foundation,
to the Gilroy Fire Fighters for the donation of $500;
Letter of recognition from Larry 1. Todd, Los Gatos Police Department, to
Corporal Brett Johnson and Officer Jim Callahan for assistance with SWAT
training;
Letter of commendation from Judith Pacini to Officers Ray Hernandez and
Gilbert Gallo for their great attitudes and professionalism in handing a situation;
Letter of thanks from Candace Roney and Catherine Matsuyo T ompkison,
Saint Louise Hospital, to Jay Baksa for meeting to discuss concerns and priorities
for Gilroy;
Letter of thanks from Silicon Valley Manufacturing Group to Jay Baksa for
meeting to review major issues facing Gilroy;
Letter of appreciation from Robert T. Dillon to Officers Mike Terasaki, Dave
Marrazzo, and other officers for assistance on his behalf;
E-mail from Councilwoman Rowlison complimenting Lisa Jensema and Sandra
Sammut for coordinating creek clean-ups and the Adopt-a-Creek program;
Note of congratulations from Michael Groves, EMC Planning Group, Inc., to
Jay Baksa on his volunteer award from the California Parks and Recreation
Society;
Letter of appreciation from David Alvarez, Superintendent, Gilroy Unified
School District, to Police Chief Gregg Giusiana for the $8,000 donation to benefit
the PeaceBuilder Programs and anti-gang education;
Letter of thanks from Karen McNamara, California Park & Recreation Society,
to John Garcia for assistance with the California & Pacific Southwest Recreation
& Park Training Conference;
Note of thanks from Julie Franco to Cathy Mirelez for assistance in preparing
for a class;
Letter of thanks from Robert G. Humin, HUD, to Annabel Yurutucu and her
staff for the tour of the City of Gilroy Neighborhood Revitalization Strategy Area
(NRSA); and
Letter of thanks from R. W. Davies, Commander, CHP, to Police Chief Gregg
Giusiana and Gilroy Police Department officers for assistance with traffic diversion
due to an accident on Highway 101.
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Informational items:
Letter of support to Ms. Esther Medina, Executive Director, MACSA, for
submittal of State grant to establish a MACSA Youth Center and intent to
collaborate a long-term land use agreement as a secondary option;
Letter of congratulations from John Rosenow, The National Arbor Day
Foundation, to Mayor Mike Gilroy on Gilroy being named as a 1998 Tree City
USA;
Letter of thanks from Rose Marie Joyce, Superintendent/President, Gavilan
College, to Mayor Mike Gilroy and the City Council for the $12,000 allocated to
the Small Business Development Center;
City of Gilroy Investment Report January, 1999;
Gilroy Visitors Bureau Advisory Council Minutes of February 18, 1999 and
Balance Sheet as of January 31, 1999;
Drought Alert Calculations, Summary of Monthly Water Production dated
February 1999;
Letter from Peter B. Graff, Gavilan, College Small Business Development
Center, explaining the $12,000 allocation of funds for assistance to the business
community in the Gilroy NRS area; and
Letter from Jack Komar, Presiding Judge, Superior Court, seeking volunteers
to serve as Civil Grand Jurors commencing July 1, 1999.
Pers. Com.
1-11-99
The minutes of the Personnel Commission meeting of January 11, 1999 were
noted.
(At 10: 54 p.m. Councilman Sudol left the Council Chambers and returned at
10:56 p.m.)
The City Administrator distributed information on the first Citizens Police
Academy. He noted a press conference tomorrow at 10:00 a.m. introducing the
Neighborhood Services Division and stating that their first project will be the
graffiti abatement pilot project, with April 17th as the kick-off date. He distributed
information on the EMS issue at the County level. He noted that Council will be
updated on the fireworks issues on April 3rd. He stated that he is hoping for an
update on the Train Depot in April. He noted that he may have an update on Old
City Hall on March 29 or April 5. Councilman Sudol stated that he will not be in
attendance at the meeting on March 29. He also noted that the light to the right of
the door at the Train Depot is out, and needs replacing.
Amicus-Hahn The Mayor noted a request to join as amicus in Amicus Brief in Hahn, Los
v. BOE & Angeles County Assessor; et al (collectively referred hereafter as "Counties") v.
IBM State Board of Equalization ("BOE"): International Business Machines ("IBM"),
Real Party In Interest.
Councilman Springer recused himself from discussion on this item, since he
works for IBM, and Councilman Sudol recused himself from discussion on this
item due to his employer's work with Internet software.
Motion was made by Councilmember Arellano, seconded by Councilman
Morales and carried (Councilmembers Gilroy and Rowlison voting no and
Councilmen Springer and Sudol absent) to join as amicus.
Councilmen Springer and Sudol returned to their seats at the dais.
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Amicus-Foster The Mayor noted a request to join as amicus in Amicus Brief in Foster v. City
v. City of of Napa, et al., California Court of Appeal for the First Appellate District, Case
Napa No. A084652 - criminal investigation and prosecution of spousal abuse charges.
Motion was made by Councilmember Gifford, seconded by Councilwoman
Rowlison and carried to join as amicus.
Amicus-Hardin The Mayor noted a request to join as amicus in Hardin v. City of Concord, et
v. City of al regarding dispute over resignation of City Manager.
Concord
Motion was made by Councilmember Arellano, seconded by Councilmember
Gifford and carried to not join as amicus.
The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings. He noted that the meeting scheduled for tomorrow with the Gilroy
Unified School District has been cancelled, and it was a Council consensus to try
to reschedule the meeting to March 30, with March 23 as a backup date.
Councilman Springer noted the first meeting of the new CalTrain policy
advisory group to be held at 5:00 p.m. on March 31, as an introductory meeting,
and requested an agenda item of Saturday CalTrain service to and from Gilroy.
Councilmember Gifford noted the potholes on Welburn have been fixed. She
noted that she attended the brunch at the high school for those students with a
grade point average at or above a 3.0, and was very impressed with the 623 very
well behaved students. She noted that the week of May 1, the Domestic Violence
Council will open its legal clinic at the Family Resource Center downtown. She
noted that on June 20th (Fathers Day) the Gilroy Downtown Development
Corporation will hold its antique street fair and vintage car show.
Councilman Sudol thanked staff for the Arbor Day celebration at Las Animas
Park this weekend. He also thanked Gilroy's Tiger Cubs, the Cub Scouts and
Webelos, for helping plant 29 new trees for Gilroy. He questioned the status on
the trademark issue, and the City Attorney informed him that the application was
filed over a month ago, but that it may take eight months to complete.
Councilman Morales stated that he will be attending the Santa Clara County
Agriculture Conservation Easement workshop tomorrow.
Councilwoman Rowlison stated that she has tickets for Man of La Mancha for
this Friday night, and tickets for St. Patrick's Day dinner this Saturday at St.
Josephs. She stated that she attended a tour last weekend with the California
Coastal Commission. She noted upcoming AMBAG workshops on the Pajaro
Valley watershed. She noted a revised meeting schedule for the General Plan
Update Committee, with April 12 as the target to have the draft plan to the
members. She noted a vote taken on the 20 year line approved Alternative I.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried to add our letter of support to the California Highway Patrol
regarding the request to Caltrans to review modifications at Highway 101 and
Castro Valley Road.
The Mayor noted the following meetings/events:
Study Session - March 22, 1999, 7:00 p.m., Gilroy Senior Center, 7371 Hanna
Street, Gilroy, California, to discuss the November ballot issue.
South County Regional Wastewater Authority Regular Meeting - March 23,
1999, 7:30 a.m., Wastewater Treatment Facility Administration Building, 1500
Southside Drive, Gilroy, California.
Study Session - March 29, 1999, 7:00 p.m., Gilroy Senior Center, 7371 Hanna
Street, Gilroy, California, to discuss the November ballot issue.
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Study Session - April 12, 1999, 7:00 p.m., Gilroy Senior Center, 7371 Hanna
Street, Gilroy, California, to discuss the November ballot issue,
South County Regional Wastewater Authority Regular Meeting - April 13,
1999, 7:30 a.m., Wastewater Treatment Facility Administration Building, 1500
Southside Drive, Gilroy, California.
Joint Workshop - City Council and Gilroy Unified School District Board of
Education, April 14, 1999, 7:00 p.m., Gilroy Unified School District Board Room,
7810 Arroyo Circle, Gilroy, California (date may change).
Study Session - April 26, 1999, 7:00 p.m., Gilroy Senior Center, 7371 Hanna
Street, Gilroy, California, to discuss the November ballot issue.
South County Regional Wastewater Authority Regular Meeting - April 27,
1999, 7:30 a.m., Wastewater Treatment Facility Administration Building, 1500
Southside Drive, Gilroy, California.
Closed Session At 11:23 p.m. the Mayor adjourned the meeting to a Closed Session regarding
Anticipated Conference with Legal Counsel - Anticipated Litigation pursuant to Government
Litigation Code Section 54956.9(c); initiation oflitigation, three potential cases.
At 11:33 p.m. the Mayor reconvened the meeting and pursuant to Government
Code Section 54957.1 announced that the City Attorney was given direction to
initiate three lawsuits. It was noted that the lawsuits, the defendants, and other
particulars will be disclosed to any person upon inquiry once the actions have been
formally commenced, unless disclosure would prevent the City from service of
process on one or more unserved parties.
Adjrnmt.
At 11:35 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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/s/ RHONDA PELLIN
City Clerk