Minutes 1999/07/16
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Posting
Agenda
Roll Call
Consent
Calendar
Minutes
Ord.99-10
Ord. 99-11
Surplus Equip.
Haz. Waste
Collection
Regular Meeting
July 19, 1999
Gilroy, California
The Mayor announced that the Council had adjourned from a Closed Session
regarding Public Employee Discipline/Dismissal/Release, pursuant to Government
Code Section 54957 and that no action had been taken.
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the Agenda had been posted on July 15, 1999
at 10:30 a.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 - 7:05 p.m.
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:
Minutes of the Regular Council meeting of July 6, 1999;
Adopted Ordinance No. 99-10 Fixing Amount of Revenue from Property
Taxes Necessary to Pay Bonded or other Indebtedness of the City for 1999-2000.
ORDINANCE NO. 99-10
ORDINANCE FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES
NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE
CITY FOR 1999-2000.
PASSED AND ADOPTED this 19th day of July, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GWFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Adopted Ordinance No. 99-11 Fixing Ad Valorem Assessment for
1999-2000 - Parking District NO.1 - First Division.
ORDINANCE NO. 99-11
ORDINANCE FIXING AD VALOREM ASSESSMENT FOR 1999-2000 -
PARKING DISTRICT NO. 1 - FIRST DIVISION.
PASSED AND ADOPTED this 19th day of July, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Declared Equipment as Surplus; and
Approved the 1999-00 Agency Agreement for Countywide Household
Hazardous Waste Collection Program.
Com. Services Community Services Director Connelly introduced Mark Dover who reviewed
Dept. Report the summer youth programs and announced the opening of the Gilroy Skateboard
Park on August 28, Scot Lang who reviewed the City's involvement in the Garlic
Festival preparation and post-Festival activities, and Bob Elia who reviewed the
new SCADA system which replaces the previous telemetry system for water
utilities.
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Pub.Hearing
TM 98-10
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide approximately 2.878 acres into a 12-10t
single family residential subdivision, plus a remainder parcel, on property zoned
R2-PUD (Two Family Residential-Planned Unit Development) located at the
northwest corner of Rogers Lane and Hoover Court. Eduardo A. Bull, applicant,
TM 98-10.
The staff report was noted and further explained by Planner II Durkin,
(At 8: 11 p.m. Councilman Sudol left the Council Chambers, and returned at
8: 13 p.m.)
The Mayor opened the Public Hearing.
The Mayor closed the Public Hearing.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales, and carried (Councilmember Gifford voting no) 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 (3) there is no substantial
evidence that the project will have a significant effect on the environment.
Motion was made by Councilman Sudol, seconded by Mayor Gilroy and the
motion failed (Councilmembers Gifford, Morales, Rowlison and Springer voting
no) to modify the request to redesign the map removing lot 1.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and the motion failed (Councilmembers Arellano, Gifford, Springer, Sudol
and Gilroy voting no) to direct staff to prepare a resolution approving the request.
Motion was made by Councilman Springer, seconded by Mayor Gilroy and
carried (Councilmembers Arellano, Gifford and Sudol voting no) to continue this
request to September 7, 1999 to give the applicant and staff time to address lot 1
Issues.
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
A/S 99-22
The Mayor noted an Architectural and Site review of a 12 lot single family
residential subdivision, on property zoned R2-PUD (Two Family Residential-
Planned Unit Development), located at the northwest corner of Rogers Lane and
Hoover Court. Eduardo A. Bull, applicant, A/S 99-22.
Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried to continue this request to September 7, 1999.
The Mayor returned to the regular order of the agenda.
Lien Procedure The Mayor noted an Ordinance of the City Council of the City of Gilroy
amending Chapter 12 of the Gilroy City Code, regarding garbage and refuse
collection and disposal, and procedures for the collection of delinquent garbage
and refuse customer billings as special assessment liens.
John Nicoletti, South Valley Disposal, questioned whether a property owner
can call to check on the status of their renters' accounts.
The City Attorney stated that South Valley Disposal would not be able to state
the amount the account is delinquent unless a delinquent notice had been sent, but
they would be able to say whether or not the account was delinquent.
Joseph A. Filice stated that a solution might be to bill in advance rather than in
arrears. He stated concerns with this lien procedure. He stated that if the property
owner were to take care of the bill, the property owner would raise the rent to
cover in excess of 100% of the cost of the service for protection.
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Jean Filice noted that her goal is that the owner gets a return on their money,
and that the tenant has a good affordable place to live. She questioned whether
this is only for garbage and not for water, and was told that was correct.
Motion was made by Councilmember Arellano to continue this request to
August 2, 1999 and the motion was withdrawn.
(At 9: 14 p.m., Councilwoman Rowlison left the Council Chambers, and
returned at 9:20 p.m.)
The City Attorney stated that the lien procedure will start when the Ordinance
comes into effect, and South Valley Disposal will be able to use this process to
recoup all future delinquent accounts, but not any currently delinquent accounts.
Motion was made by Councilmember Gifford, seconded by Councilman Sudol
and carried (Councilwoman Rowlison absent) to continue this item to September
7, 1999.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Adam Robles stated that he is 17 years old and is representing people of Gilroy
who like Japanese animation. He requested the Council support in locating a
meeting place where his group can meet twice a month. He gave his name to the
City Clerk for the Community Services Department to contact him.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Legislative Bulletin #25-1999 dated July 2, 1999;
Letter to Mayor Gilroy from Senator Bruce McPherson regarding the State
Budget; and
League of California Cities Legislative Bulletin #26-1999 dated July 9, 1999.
Customer Service:
Note of thanks from Pastor Ismael Medina to John Garcia for his assistance
with an event at a park;
Letter of thanks from Abbie Dorosin, Joint Venture: Silicon Valley Network,
to Jay Baksa for the City of Gilroy's continuing support of Joint Venture: Silicon
Valley Network;
Letter of thanks from Joe Conconi, Central Coast Resource Conservation &
Development Council, to Norman Allen for his contributions to resource
protection and rural economic development as the representative from Santa Clara
County for the past three years;
Letter of thanks from Susan Valenta, Leadership Gilroy, to Cathy Mirelez for
her contribution in making the June 25th "History and Local Culture Day"
successful; and
Note of thanks from Rachel Mariscal to Cathy Mirelez and John Bisceglie for
their hard work in making the Talent Round-up a successful event.
Informational items:
Gilroy Visitors Bureau Advisory Council Minutes of June 10, 1999 and
balance sheet ending May 31, 1999; and
Pers. Com.
5-10-99
Plan. Com.
6-30-99
High-Speed
Rail
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Letter to Chief Giusiana from Lydia F. Engdol, Department of Alcoholic
Beverage Control accepting an Offer in Compromise in the amount of $2,260.65 in
lieu of a 15 day suspension for The Southland Corporation (7-Eleven #2234) at
162 Tenth Street, Gilroy, California.
The minutes of the Personnel Commission meeting of May 10, 1999 were
noted.
The report of the Planning Commission meeting of June 30, 1999 was noted.
The City Administrator distributed a booklet entitled "Securing Voter
Approval of Local Revenue Measures" and asked if Councilmembers would like a
copy to indicate that and extra copies will be ordered.
The Mayor noted that South County Housing will be holding community
meetings this Wednesday and Thursday at 7:00 p.m. at the community room at
their facility on Mantelli Drive, and Councilman Morales stated that he will be
attending the Wednesday meeting. The Mayor noted that he received a letter from
Senator Bruce McPherson that he is opening mobile district offices, noting that he
will be in Gilroy on the second Wednesday of every month from 1:00 p.m. to 4:00
p.m. at the Gilroy Unified School District conference room A. He noted a letter
from Rojean Wilson, resigning from the Advisory Council on Aging. He requested
Councilmembers outreach to find someone to fill this position.
Councilman Springer requested to bring a resolution forward at the next
meeting regarding the BF Goodrich Scorcher tire, which will leave red, blue, or
yellow bands on the roadway during "burnouts".
Consensus of the Council was to agendize this at the next meeting, with
additional information.
Councilmember Arellano requested an update on the MTC grant, and the City
Administrator stated that Community Development Director Allen is working on a
timeline for the August 2, 1999 agenda for information.
Councilmember Gifford apologized for her absences in June and July, but
noted that she is feeling much better.
Councilwoman Rowlison stated that household hazardous waste has tripled
since 1991, noting that Sunnyvale, San Jose, and San Martin will be opening
permanent facilities. She noted that the Santa Clara County Emergency
Preparedness Council will have an orientation for SEMS training on September 18,
1999. She noted an announcement from MACSA ofa video game tournament on
July 24, 1999, day camp, and teen night every Friday at the Youth Center. She
noted that she ran/walked in a 5K this weekend and placed first in her age group.
Councilwoman Rowlison noted a letter from the Santa Clara Valley
Transportation Authority requesting support of High-Speed Rail Alignment.
Consensus of the Council was to take no action at this time.
Councilmember Arellano thanked Councilman Springer and Rachel Munoz for
educating the community by placing the graffiti posters around downtown.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 34
JULY 1999
15 Study Session - Golf Course Analysis - 7:00 p.m., Temporary
Environmental Education Center (TEEC) building at the Ranch Site,
Christmas Hill Park, 7049 Miller Avenue
19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26 Study Session - Homeless Shelter Guidelines (Regional Issues) - 7:30 p.m.
Gilroy Senior Center Meeting Room
27 SCRWAMeeting -7:30 a.m., 1500 SouthsideDrive, Gilroy
739(1
Adjrnmt.
AUGUST 1999
2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16 Reilllar City Council Meeting - CANCELLED
24 SCR W A Meeting - 7: 3 0 a. m., 1500 Southside Drive, Gilroy
SEPTEMBER 1999
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 Joint City Council/Planning Commission Workshop on the General Plan -
7:00 p.m., Gilroy Senior Center Main Hall, 7371 Hanna Street, Gilroy
14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
27 Joint City Council/Planning Commission Workshop on the General Plan -
7:00 p.m., Gilroy Senior Center Main Hall, 7371 Hanna Street, Gilroy
28 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 9:47 p.m. the Mayor adjourned the meeting to a closed session pursuant to
Government Code Section 54957:
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
At 10: 13 p.m. the Mayor reconvened the meeting and announced that the
Council (Councilman Morales voting no) adopted the Judge's decision in its
entirety and denied the appeal regarding benefits for the former Police Chief, and
further adjourned the meeting at 10: 15 p.m.
Respectfully submitted,
~.{dl<<"
/s/ --RHONDA PELLIN
City Clerk