Minutes 1999/05/03
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Invocation
Posting
Agenda
Roll Call
Baha'i Group
Consent
Calendar
Budget
Cancel Mtg.
Minutes
Regular Meeting
May 3, 1999
Gilroy, California
Mayor Protempore Springer led the Pledge of Allegiance to the Flag.
Pastor Eric Smith, South Valley Community Church, gave the Invocation.
Mayor Protempore Springer thanked him and his Church for their assistance with
the Ortega Court incident.
The City Clerk noted that the Agenda had been posted on April 29, 1999
at 3: 10 p.m.
Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles
S. Morales, Suellen C. Rowlison, Anthony C. Sudol III, and Thomas W. Springer;
Absent: Mayor K. A. Mike Gilroy - 7:02 p.m.
Mayor Protempore Springer noted a presentation of a statement entitled "Two
Wings of a Bird" by the Baha'i Group of Gilroy regarding the equality of men and
women.
Motion was made by Councilman Morales, seconded by Councilman Sudol
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, Anthony C. Sudol
III, and Thomas W. Springer; Absent: Mayor K. A. Mike Gilroy:
Budget Amendments/Transfers as recommended;
Cancelled the August 16, 1999 City Council meeting;
Minutes of the Regular Council meeting of April 19, 1999;
Vacuum Sewer Purchase of one (1) 1998 Sterling (Ford) LT8513-Vactor 2115 Vacuum Sewer
Cleaner Cleaner;
Res. 99-36 Adopted Resolution NO.99-36 approving TM 99-01, a Tentative Map with six
commercial/residential townhouses and one common area on approximately .32
acres located at 85 Fifth Street, between Monterey and Eigleberry Streets, APN
799-06-058, Custom One, Inc., applicant;
RESOLUTION NO. 99-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 99-01, A TENTATIVE MAP WITH SIX
COMMERCIAL/RESIDENTIAL TOWNHOUSES AND ONE COMMON
AREA ON APPROXIMATELY .32 ACRES LOCATED AT 85 FIFTH STREET,
BETWEEN MONTEREY AND EIGLEBERRY STREETS, APN 799-06-058,
CUSTOM ONE, INC., APPLICANT.
PASSED AND ADOPTED this 3rd day of May, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SUDOL, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: GILROY
Res. 99-37 Adopted Resolution No. 99-37 approving A/S 99-11 (PUD), an application for
Architectural and Site approval of a Planned Unit Development (PUD) involving
approximately 2.29 acres, a portion of APN 835-04-019.
M 99-04
RDO
Res. 99-38
M 98-12/
ARE 98-04
7.. -, 1 r'
,) 41' . )
RESOLUTION NO. 99-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AlS 99-11 (PUD), AN APPLICATION FOR ARCillTECTURAL
AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD)
INVOLVING APPROXIMATELY 2.29 ACRES, A PORTION OF APN 835-04-
019.
PASSED AND ADOPTED this 3rd day of May, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SUDOL, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: GILROY
Bob Dillon, Vice-Chairman of the Library Commission, noted the library was
named one of the top 20 in the nation. He noted that they excel in many
categories. He stated that circulation continues to grow, making it the fastest
growing library in Santa Clara County with the least amount of floor space. He
noted they are looking forward to the planned expansion. He reviewed recent
events held at the Library, and noted an upcoming survey for residents.
Councilmember Arellano requested to separate the vote on the next resolution
stating that she would vote no on the Numerical Limits for the dwelling units, but
would vote yes on holding an RDO competition.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried that the reading of Resolution No. 99-38 be waived and that it be adopted,
removing the portion of the resolution determining to hold an RDO application
process for the year 1999.
RESOLUTION NO. 99-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ESTABLISHING NEW NUMERICAL LIMITS FOR MAXIMUM TOTAL
NUMBER OF RESIDENTIAL DWELLING UNITS TO BE BUILT DURING
EACH OF THE YEARS 2000 THROUGH 2003, INCLUSIVE.
PASSED AND ADOPTED this 3rd day of May, 1999, by the following vote;
AYES: COUNCILMEMBERS: GIFFORD, MORALES, SUDOL,
and SPRINGER
NOES: COUNCILMEMBERS: ARELLANO, ROWLISON
ABSENT: COUNCILMEMBERS: GILROY
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to hold an RDO competition for the year 1999.
Councilmember Arellano stated for the record that she would have rather
supported the distribution at the actual allocations of 655, and for the year 2001 be
218, the year 2002 be 218, and the remainder 89 be for the year 2003.
Councilwoman Rowlison noted for the record that she was in favor of item one
of the resolution of having 655 units available for the distribution, and moving 27
units from 1995 to 1998, but not the rest of the items.
Councilman Morales recused himself from discussion on this issue since his
wife is gainly employed by Westside Transport Inc., the owner of which is also in a
partnership with Spectrum Group, and stepped down from the dais.
Councilmember Arellano questioned if Councilman Morales' vote at the last
meeting was a conflict of interest. The City Attorney noted that a vote has not
been taken on approval of the project, noting that he was proceeding in good faith
at the last meeting.
City Attorney Callon stated that she would distribute a copy of the FPPC letter
that was sent to former Mayor Don Gage to all the councilmembers.
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Critical Clean
Solutions
Motion was made by Councilman Sudol, seconded by Councilmember Arellano
and carried (Mayor Gilroy absent) to table this to the May 17, 1999 meeting for
direction on when to reagendize this resolution.
City Attorney Callon questioned and Council concurred that item D of this
resolution should be removed from this resolution and be reagendized as a separate
resolution.
At 7:40 p.m. Councilman Morales returned to his seat at the dais.
Mayor Protempore Springer noted consideration of an Economic Incentive
for Critical Clean Solutions.
Community Development Director Allen reviewed the request.
Bill Lindsteadt, Economic Development Corporation Director, noted that this
company will expand into a long-term vacant building. He noted that the company
would probably be amenable to preferential hiring of Gilroy residents to replace
any turnover of employees.
Motion was made by Councilmember Gifford, seconded by Councilman
Morales and carried (Councilmember Arellano voting no, Councilman Sudol
abstaining, and Mayor Gilroy absent) to approve the terms and direct staff to
prepare an economic incentive agreement for Critical Clean Solutions to be
agendized for the May 17, 1999 meeting, to include a guarantee of preference to
hire Gilroy residents for newly created/vacant positions and that Critical Clean
Solutions would purchase the building. Council also requested that the owner be
present at the next meeting to answer questions regarding the business.
Councilmember Arellano noted for the record that her no vote was based on
the number of new jobs being generated; that if the incentive were to reflect the
new jobs being projected she would have voted yes for this type of business to
come in, and come in to an existing building. She stated that she feels that the City
is giving money away for existing jobs. She also noted for the record that when
the City looks at these types of businesses, we need to look at how much we are
giving away and that we need to look at revising the policy as soon as possible.
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.
Community Development Director Allen reviewed a meeting he attended
regarding the Keeley Bills, AB 1986 and AB 807, regarding flooding on the Pajaro
River.
Councilmember Gifford noted the correspondence regarding convicted graffiti
vandals losing their driver's license, and requested a letter of support be sent. The
City Administrator noted that a resolution of support will be on the next agenda.
Councilman Sudol requested a letter be sent in opposition to AB 919, and it
was a consensus of the Council to send a letter opposing AB 919.
Councilman Sudol requested a letter be sent in opposition to AB 1505, and
there was no consensus to send a letter on this bill.
The following information items were noted with no separate discussion on
same:
Legislation:
League of California Cities Legislative Bulletin # 14-1999 dated April 16, 1999;
Letter from Assemblymembers Keeley and Frusetta and Senator McPherson
inviting participation in a discussion regarding the issue of flooding along the
Pajaro River Watershed;
Pers.Com.
3-8-99
SCRWA
3-23-99
7 " .~-11
j 'f I
Letter from Assemblymember Keeley regarding flood prevention efforts on the
Pajaro River Watershed; and
League of California Cities Legislative Bulletin #15-1999 dated April 23, 1999.
Customer Service:
Letter of thanks from Joe & Romaine Soza to Police Chief Giusiana and the
Gilroy Police Officers who assisted in solving a difficult problem;
Letter of appreciation from Carey Sullivan, City of Morgan Hill, to Corporal
Veronica Georges for her participation in an interview process;
Letter of thanks from Julie Spier, City of Morgan Hill, to Bill Headley for
sharing information on Gilroy's proposed skateboard park;
Note of thanks from Gene Sakahara, Gilroy Unified School District, to Mayor
Gilroy for assisting in the selection of a scholarship winner; and
Copy of a plaque from Gilroy Unified School District's Community of Caring
recognizing the Gilroy Police Department for supporting school programs and
exhibiting the Community of Caring values for the youth of Gilroy.
Informational items:
Memorandum from Bryan Stice announcing that the Hecker Pass
Reorganization annexation was officially recorded on April 12, 1999;
Community Development Department - Planning Division Monthly Report of
Long-Range Applications and status ofRDO allocation & activity dated April 22,
1999;
Article from the San Jose Mercury News dated April 26, 1999 entitled Potent
weapon in the graffiti wars.. .NO LICENSE;
City of Gilroy Investment Report dated March 1999;
South Bay Area Chapter APW A 1998 Award of Merit to City of Gilroy
Community Development Department for Gilroy Train Depot Rehabilitation; and
Annual Report - Bonfante Gardens Pre-Annexation and Development
Agreement (P ADA).
The minutes of the Personnel Commission meeting of March 8, 1999 were
noted.
The minutes of the South County Regional Wastewater Authority meeting of
March 23, 1999 were noted.
The City Administrator distributed the 1999-2004 Financial Plan, noting the
study session on same scheduled for May 11, 1999. Council agreed to set a study
session on May 19 for a discussion on economic development to include the
incentive policy and whether the City wants to get involved in the HUD 108
funds/loan program.
Mayor Protempore Springer noted the 90 day City Council calendar, a list of
upcoming meetings, stating that the May 10 and 24 study sessions will be televised
and held in the Council Chambers. He stated that staff did a terrific job on Planet
Earth Rocks last Friday. He stated that he and several other councilmembers
attended the Special Olympics event on Saturday, and thanked staff for their work.
He announced upcoming Gilroy High School Grad Night work sessions for senior
parents, and requested these be televised on Channel 34.
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Councilmember Arellano stated that the Library JP A met and discussed funds
available for library expansion, and that they will discuss this further at their
October meeting. She invited the councilmembers to the Hispanic Chamber's
Ambassador's Ball on May 7, 1999.
Councilmember Gifford requested an update on the trademark issue and the
legality regarding the street cuts by the public utilities. The City Attorney noted
that the trademark issue will not be resolved for several months, but has been filed.
The City Administrator noted that they were hoping that MTC would create the
study to cover all the cities, but they have declined to do the study, and he noted
that they are now hoping that VT A will do the study.
Councilman Sudol stated that the General Plan Update Committee held their
last meeting last week, and thanked the citizens for all the work that has been put
into this project. He told Councilmember Arellano that he would be out of state
and would not be able to attend the Ambassador's Ball on Friday.
Councilman Morales agreed with Councilman Springer regarding the
importance of Grad Night and commended the parents, faculty, and sponsors for
their hard work providing a way to keep students alive, entertained, and safe. He
also noted that Special 0 was great and complimented the staff for their work, the
participants, parents, and also the Dispatch for the photographic coverage.
Councilwoman Rowlison stated that she would like to agendize for discussion
and action on May 17, 1999, a letter of support from the Santa Clara V alley Water
District (SCVWD) regarding the CALFED project. She also noted the SCVWD
May 13 public hearing regarding water rates to be held here in the Council
Chambers at 7:00' p.m. She stated that she attended the Santa Clara County
Planning Commissioners Institute today.
Mayor Protempore Springer noted that the rural fire station is now putting
paramedics on their engines.
Mayor Protempore Springer noted the following meetings/events:
Study Session - May 10, 1999, 7:00 p.m., Gilroy City Council Chambers, 7351
Rosanna Street, Gilroy, California, to discuss the November ballot issue.
South County Regional Wastewater Authority Regular Meeting - May 11,
1999, 7:30 a.m., Wastewater Treatment Facility Administration Building, 1500
Southside Drive, Gilroy, California.
Study Session - May 11, 1999, 7:00 p.m., Gilroy City Council Chambers, 7351
Rosanna Street, Gilroy, California, to review the 1999-2004 Financial Plan.
Study Session - May 24, 1999, 7:00 p.m., Gilroy City Council Chambers, 7351
Rosanna Street, Gilroy, California, to discuss the November ballot issue.
South County Regional Wastewater Authority Regular Meeting - May 25,
1999, 7:30 a.m., Wastewater Treatment Facility Administration Building, 1500
Southside Drive, Gilroy, California.
South County Regional Wastewater Authority Regular Meeting - June 8,
1999, 7:30 a.m., Wastewater Treatment Facility Administration Building, 1500
Southside Drive, Gilroy, California.
City Council Outreach/Call-In Session - June 14, 1999, 7:00 p.m., Gilroy City
Council Chambers, 7351 Rosanna Street, Gilroy, California, for residents to call
with questions.
South County Regional Wastewater Authority Regular Meeting - June 22,
1999, 7:30 a.m., Wastewater Treatment Facility Administration Building, 1500
Southside Drive, Gilroy, California.
Adjrnmt.
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At 8:55 p.m. Mayor Protempore Springer adjourned the meeting to a Closed
Session:
Pursuant to Government Code Section 54956.9(a):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of case: Mark Good
Mayor Protempore Springer reconvened the meeting and announced that no
action was taken in Closed Session, and further adjourned the meeting at 9:25 p.m.
Respectfully submitted,
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~i~t)ut{,- f/:~LL&-
/s! RHONDA PELLIN
City Clerk