Minutes 2000/11/06
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Regular Meeting
November 6,2000
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Invocation
Father Dan Derry, St. Mary's Catholic Church, gave the Invocation.
Posting
Agenda
The City Clerk noted that the Agenda had been posted on November 1,2000
at 3:50 p.m.
Roll Call
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W.
Springer - 7:00 p.m.
The Mayor noted under Orders of the Day that Consent Calendar Item G will
not be heard tonight, but will be continued to November 20,2000. He introduced
Ted Fox, Chief Operating Officer, St. Louise Regional Hospital, who reviewed the
operations of the hospital.
New Emp. The Mayor introduced new employees Todd Sutton, Police Officer, Police
Department; Justin Matsuhara, Police Officer, Police Department; and Robert
Silvia, Firefighter, Fire Department.
Emp. Award The Mayor presented the Employee Award for the Month of October, 2000, to
Nancy McDonald, Senior Plan Review Technician, Community Development
Department.
Proc.-Antonio The Mayor noted a proclamation for Antonio Del Buono Elementary School,
Del Buono which was previously presented.
School
Proc.-Women The Mayor noted a proclamation for Women & Girls 2000 & Beyond:
& Girls 2000 Strategies for Success!, which was previously presented.
Proc.-Korean The Mayor presented a proclamation to Ann Zuhr for Korean War Veterans'
War Veterans' Day, November 11,2000. Ms. Zuhr invited everyone to a ceremony on Saturday
Day at the Veterans Hall to honor our veterans.
VTP 2020
The Mayor noted a presentation by Carolyn Gonot, Santa Clara Valley
Transportation Authority, regarding the final VTP 2020 plan.
Job Shadow
Day
The Mayor noted a presentation by Greg Martinez regarding "Job Shadow"
day to be held March 1, 2001.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Jeff Horton, J & J Antiques at 7453 Monterey Street, noted problems with the
ordinance regarding street furniture downtown. He requested an ordinance be
placed on the agenda to update the policy regulating street furniture.
City Attorney Callon noted that there are regulations in the Zoning Ordinance
regulating street furniture and there is a code section that prevents sale of
merchandise on the streets.
The consensus of the Council was to agendize this issue.
Robert Collins requested to agendize the issue regarding his service animal.
He noted that he has been harassed and intimidated. It was noted that Mr. Collins
should send in a letter with specifics as to what he is requesting to be agendized.
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Amos Brown noted that Indian Motorcycles is a good organization and
ethnically diversified. He stated the Council is violating civil rights. He noted that
according to the Brown Act, the Council can be sued in a court oflaw. He
commented on the dilapidated sidewalks.
Consent
Calendar
Motion was made by Councilman Sudol, seconded by Councilman Pinheiro
and carried that the following items under the Consent Calendar be approved,
removing Item G. Neighborhood Revitalization Strategy Area Property Reuse
Plan, by the following Roll Call Vote: Ayes: Councilmembers: Guadalupe
Arellano, Peter D. Arellano, Charles S. Morales, Al Pinheiro, Anthony C. Sudol
III, Roland Velasco, and Thomas W. Springer:
Minutes
Minutes of the Regular Council Meeting of October 16,2000 and the Special
Council Meeting of October 23,2000;
Res. 2000-72
Adopted Resolution No. 2000-72 authorizing the Police Chief to determine
whether public convenience and necessity are met in regard to alcoholic beverage
licensing;
RESOLUTION NO. 2000-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE POLICE CHIEF TO DETERMINE WHETHER PUBLIC
CONVENIENCE AND NECESSITY ARE MET IN REGARD TO
ALCOHOLIC BEVERAGE LICENSING.
PASSED AND ADOPTED this 6th day of November, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Claim Denied claim of Annette Plaza;
Ord.2000-14 Adopted Ordinance No. 2000-14 adopting an ordinance of the South County
Regional Wastewater Authority repealing and adding Section 2.4 of Ordinance 93-
1, the Pretreatment and Sewer Use Ordinance, regarding local pollutant limits for
wastewater discharges by industrial users, and amending Section 19.1 02(p) of the
Gilroy City Code;
ORDINANCE NO. 2000-14
AN ORDINANCE OF THE CITY OF GILROY ADOPTING AN ORDINANCE
OF THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY
REPEALING AND ADDING SECTION 2.4 OF ORDINANCE 93-1, THE
PRETREATMENT AND SEWER USE ORDINANCE, REGARDING LOCAL
POLLUTANT LIMITS FOR WASTEWATER DISCHARGES BY
INDUSTRIAL USERS, AND AMENDING SECTION 19.102(P) OF THE
GILROY CITY CODE.
PASSED AND ADOPTED this 6th day of November, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
76?n
Ord.2000-15 Adopted Ordinance No. 2000-15 repealing and adding Chapter 19A of the
Gilroy Municipal Code regulating shopping carts;
ORDINANCE NO. 2000-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
REPEALING AND ADDING CHAPTER 19A OF THE GILROY MUNICIPAL
CODE REGULATING SHOPPING CARTS.
PASSED AND ADOPTED this 6th day of November, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Radiation Approved an Economic Incentive Agreement between Radiation Detection
Detection Co. Company, Incorporated, and the City of Gilroy; and
Reuse Plan Continued the City of Gilroy Neighborhood Revitalization Strategy Area
Property Reuse Plan to November 20,2000.
Library Com.
Report
Eileen Kopp, Library Commissioner, noted the Library is very popular,
including Internet access. She commented on some ofthe programs at the Library.
She noted that the Santa Clara County library has been rated # 1 for its size and
population by a National Library survey. She noted that a design consultant has
been selected and this Thursday will be the first meeting on the design. She
distributed the annual report on the library.
Sunrise Drive
The Mayor noted a discussion of Sunrise Drive speeding issues.
Traffic Engineer Abrams reviewed the Sunrise Drive speeding issue.
Mike Park, 1400 Sunrise Drive, stated he is extremely disappointed with staff's
recommendation. He stated that Sunrise Drive is different from Longmeadow or
Mantelli. He noted that he understands the idea of a collector street. He stated
that a petition was submitted and signed by every resident on Sunrise Drive who
felt there was a speeding problem. He noted that the speed deterrents have been
marginally successful, but stated that stronger measures need to be taken. He
stated that the residents do appreciate what the City has done, but noted that more
needs to be done.
Motion was made by Councilman Velasco, seconded by Councilman Pinheiro
and carried (Councilmember G. Arellano voting no) to follow the staff
recommendation to continue monitoring the area, reagendize the issue in six
months, and look into the use of Volunteers In Policing (VIPs) to assist in
enforcement.
At 9:08 p.m. the Mayor called for a recess, after which he recalled the meeting
to order.
Emerg.Org.
& Functions
The Mayor noted an Ordinance of the City of Gilroy repealing Sections 9.3 and
9.4, and amending Section 9.6, regarding emergency organization and functions, of
the Gilroy City Code.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Sudol 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 G.
Arellano and carried to introduce the Ordinance repealing Sections 9.3 and 9.4,
and amending Section 9.6, regarding emergency organization and functions, of the
Gilroy City Code.
Fee Schedule The Mayor noted an Ordinance of the City of Gilroy amending Chapter 7,
Section 7.4, of the Gilroy City Code, establishing a schedule of fees and service
charges.
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Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales 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 Councilmember G. Arellano, seconded by Councilman
Sudol and carried to introduce the Ordinance amending Chapter 7, Section 7.4, of
the Gilroy City Code, establishing a schedule of fees and service charges.
The City Administrator distributed the draft Comprehensive Fee Schedule
2000, the Service Cost Update, and the Summary of Revenues and Costs for Fiscal
Year 1999-2000.
Youth Com. The Mayor noted an Ordinance of the City of Gilroy establishing the City of
Gilroy Youth Commission and defining the duties thereof.
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried to read the ordinance by title only and waive further reading
ofthe Ordinance. The City Clerk read the Ordinance by title only.
Motion was made by Councilman Morales, seconded by Councilman Sudol and
carried to introduce the Ordinance creating a Youth Commission.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #12-2000 dated October 11,2000;
and
League of California Cities Priority Focus #13-2000 dated October 20,2000.
Customer Service:
Letter of appreciation from Herb and Jean Lawrence to Danny Martin for his
medical assistance in Maui, Hawaii;
Letter of thanks from Edwin Diaz, Gilroy Unified School District, to Mayor
Tom Springer for participating in the dedication ceremony for Antonio Del Buono
Elementary School;
Letter of thanks from the Gilroy High School Associated Student Body
Officers to the City of Gilroy for help in making this year's homecoming a
success! ;
Letter of appreciation from Stanley M. Williams, Santa Clara Valley Water
District, to John Greenhut for helping develop the Stream Maintenance Program;
Letter of thanks from Jane Olcott to Rhonda Pellin, Joe Kline and the
maintenance staff for help and use of the City Council Chambers for the election
forum;
Letter to the Editor from Don Perino for a job well done by Wade Berry and
his crew for disposing of a tree limb; and
E-mail from Lanny Brown complimenting Bill Headley and Marleen Trujillo
for their assistance in selecting an architect for the new police facility.
Informational items:
Advisory Council of the Council on Aging information;
Letter from the League of California Cities regarding the State Sales Tax Cut:
New Impacts on Local Community Services;
7630
BikeIPed.Bd.
10- 24-00
A& C Com.
9-12-00
A& C Com.
1 0-1 0-00
Lib. Com.
9-13 -00
P&RCom.
9-19-00
P&RCom.
10-17-00
Sr. Adv. Bd.
9-18-00
Letter from Lydia F. Engdol, Department of Alcoholic Beverage Control
notification of acceptance of an Offer in Compromise in the amount of $1 ,215.00
in lieu of a 15 day suspension for La Flor de Jalisco; and
Community Development Department - Planning Division montWy report of
long-range applications and status ofRDO allocation & activity dated October 23,
2000.
The report of the BicycleIPedestrian Advisory Board meeting of October 24,
2000 was noted.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to appoint Al Slechta as the Gilroy BicycleIPedestrian Advisory Board
VT A Bicycle Advisory Committee representative.
The minutes of the Arts and Culture Commission meeting of September 12,
2000 were noted.
The report of the Arts and Culture Commission meeting of October la, 2000
was noted.
Motion was made by Councilman Sudol, seconded by Councilman Morales
and carried to approve the candidates for the Public Art Committee.
The minutes of the Library Commission meeting of September 13,2000 were
noted.
The minutes of the Parks & Recreation Commission meeting of September 19,
2000 were noted.
The report of the Parks & Recreation Commission meeting of October 17,
2000 was noted.
Motion was made by Councilman Morales, seconded by Councilman Sudol and
carried to approve the candidates for the Youth Advisory Commission.
The minutes of the Senior Advisory Board meeting of September 18, 2000
were noted.
The City Administrator gave an update on the Council retreat. He requested
items for the agenda by this Thursday for the Joint City CouncillPolice Department
mini-retreat on November 17th. He stated that Marilyn Manning will facilitate the
Council retreat and requested Council give him their top three or four issues for
the agenda by November 17. Council consensus was to incorporate interpersonal
diversity as part of the retreat.
(At 9:20 p.rn. Councilman Sudol left the Council Chambers and did not
return. )
The City Administrator stated a study session has been rescheduled for
November 20 on the City of Gilroy Neighborhood Revitalization Strategy Area
Property Reuse Plan and also CDBG priorities. He distributed information for
next Monday's study session on growth limits. He distributed a draft ordinance
and agreement for protection of the public right of way regarding encroachment
permits. He also distributed the 3rd Quarter Report and goals and objectives.
Freedom Train The Mayor noted a request for a letter of support for the Valley Transportation
Authority to designate one train car or to add one train car for Freedom Train
riders to ride to San Francisco on Martin Luther King's birthday.
The consensus of the Council was to send a letter as requested, with
Councilman P. Arellano designated to draft the letter.
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Councilman P. Arellano stated that he would be unable to attend the joint City
Council and Police Department mini-retreat.
Councilman Morales congratulated all the candidates appointed to the Youth
Commission. He noted that the Hispanic Chamber celebrated their 20th
anniversary. He reminded everyone of the Veterans Day ceremony at the Veterans
Hall at 11:00 a.m. on Saturday, November 11,2000. He noted that tomorrow is
election day, and stated that our call is to vote and practice the democratic
process. He thanked Joe Kline and his committee for the Veterans display at City
Hall.
Councilman Pinheiro reminded staff to check on e-mail for the City
Councilmembers. He questioned the status of the new Council chairs, and was
told that they had been ordered. He questioned the upkeep of neighborhood yards.
He was told that weeds and abandoned vehicles can be taken care of, but nothing
can be done with aesthetics.
Councilmember G. Arellano reminded voters to get out and vote. She noted
the Arts Building Community conference at the Hyatt St. Claire in San Jose.
The Mayor requested all citizens to get out and vote.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
NOVEMBER 2000
6 Study Session - Neighborhood Revitalization Strategy Area Property Reuse
Plan - 6:00 p.m., Gilroy City Council Chambers
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 Special City Council Meeting - Highway 152 Safety Proiect - 6:30 p.m.,
Gilroy City Council Chambers
13 Study Session - Affordable Housing Exemption -7:00 p.m., Gilroy Senior
Center Meeting Room
14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
17 City CouncillPolice Department Mini-Retreat - 8:30 a.m., Gilroy Senior Center
Meeting Room
20 Closed Session-Real Property Negotiation - 5:30 p.m., Gilroy City Council
Chambers
20 Study Session - Prioritization for CDBG Meeting - 6:00 p.m. or as soon as
the Closed Session concludes, Gilroy City Council Chambers
20*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
27 Ouarterly Workshop with the Gilroy Unified School Board -7:00 p.m.,
Temporary Environmental Education Center (TEEC) building at the Ranch
Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
DECEMBER 2000
4 Study Session - Update on New Procedures to Optimize City's Use of Grants
- 6:00 p.m., Gilroy City Council Chambers
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 Interviews for Boards/Commissions - 7:00 p.m., Gilroy City Council
Chambers
12 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
18 Study Session - Information Technology Cost Effectiveness and Possible
Organizational Changes - 6:00 p.m., Gilroy City Council Chambers
18*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
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Adjournment
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JANUARY 2001
2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 Study Session - Economic Development - 7:00 p.m., Gilroy Senior Center
Meeting Room
9 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
19 Annual Retreat - 8:00 a.m. to 4:00 p.m. (dinner to be held at 6:00 p.m. -
location to be determined), Temporary Environmental Education Center
(TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue,
Gilroy, California
20 Annual Retreat - 9:00 a.m. to 2:00 p.m., Temporary Environmental Education
Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller
Avenue, Gilroy, California
22 Tentative Study Session - Subdivision Code/Standards Update - 7:00 p.m.,
Gilroy Senior Center Meeting Room
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
29*Study Session - cm - 7:00 p.m., Gilroy City Council Chambers
At 9:49 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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Is/ RHONDA PELLIN
City Clerk