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Minutes 1998/07/06 T-- Invocation Posting Agenda Roll Call New Emp. Proc. 7197 Regular Meeting July 6, 1998 Gilroy, California The Mayor announced that Council had just adjourned from a Closed Session re: Threat to Public Services. Consultation with Acting Chief of Police, pursuant to Gov't. Code Section 54957, and that no action had been taken. The Mayor led the Pledge of Allegiance to the Flag. Mike Paddy, City Team Ministries, gave the Invocation. The City Clerk noted that the Agenda had been posted on July 2, 1998 at 4:03 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 - 7:03 p.m. The Mayor introduced new employee Cathy Mirelez, Recreation Supervisor, Museum/ Cultural Arts, Community Services Department. The Mayor noted a proclamation for Rosa Aguirre, Linda Lucio, Jaime Marquez and Johnny Nunez Day, June 26, 1998, stating that it had been presented previously. Councilmember Arellano stated that she has viewed the entire videotape from the June 15, 1998 meeting, and will therefore vote on the issues tonight. 7,10 p.' I 7 C) Consent Calendar Minutes Budget Cancel Mtg. Ord.98-l2 Motion was made by Councilman Springer, seconded by Councilman Sudol and carried that the following items under the Consent Calendar be approved amending item A. re: Minutes of the Regular Council Meeting of June 15, 1998 (amended to add wording to page 4 that Councilwoman Rowlison stated for the record that she voted to approve M 98-06/ AHE 98-02, but that she is in favor of retaining the 60 multi-family units, and on page 14 to delete from the first paragraph "an organic farming group and") and removing item F. re: City Council Consent for the appointment of Gregory Giusiana as Chief of Police, 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 June 15, 1998 as amended; Budget Amendments/Transfers as recommended; Cancelled the August 17, 1998 City Council Meeting; Adopted Ordinance No. 98-12 amending the Gilroy City Code Chapter 12.5 sections 12.5.1, 12.5.2, 12.5.3, 12.5.9, 12.5.10, and 12.5.11 regarding regulation of graffiti; ORDINANCE NO. 98-12 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY CITY CODE CHAPTER 12.5 SECTIONS 12.5.1, 12.5.2,12.5.3,12.5.9,12.5.10, AND 12.5.11 REGARDING REGULATION OF GRAFFITI. PASSED AND ADOPTED this 6th day of July, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Prop.Improv. Approved Property Improvement Agreement No. 98-06 & Tract Map No. Agree.98-06 9021, APN 810-29-021, 810-30-037 & 038 (portion), Lands of Fortino, Mesa Tr.Map 9021 Road; and Chief of Police P&R Com. Report Motion was made by Councilman Springer, seconded by Councilmember Arellano and carried unanimously consenting to the appointment of Gregory Giusiana as Chief of Police, pursuant to City Charter Section 703( c). Police Chief Giusiana thanked the Council for their confidence in his appointment. Sunny Khandwala, Parks and Recreation Commission, noted Alfred Navaroli also present in the audience from the Commission. He thanked staff for their help, specifically Robert Connelly and Tina Kekaha. He reported on current activities of the Parks and Recreation Commission and the Community Services Department, including the reorganization for the new Neighborhood Services Division. Councilman Springer recused himself from voting on the bid for printers. Bid.-Printers Acting City Administrator Dorn presented recommendations to award the bid of Microlink Enterprise, Inc. in the amount of$11,885.85 for 30 Printers (RFP-IT- 241). Motion was made by Councilwoman Rowlison, seconded by Councilman Morales and carried (Councilman Springer absent) that the bid of Microlink Enterprise, Inc. in the amount of$11,885.85 be awarded for 30 Printers(RFP-IT- 241). 7 1 n.. r\. . I / ? Pub. Hearing V 98-03 The Mayor stated it was the time and place scheduled for a Public Hearing on an appeal of the Planning Commission action for a Variance request from Zoning Ordinance Section 37.51 Freeway Oriented Signs in order to allow a second on-site freeway oriented sign on property located at 6110 Monterey Street, zoned HC (Highway Commercial). Motel 6 Operating L.P., applicant, V 98-03. The staff report was noted and further explained by Planner I Stice, and he answered several questions posed by Councilmembers. The Mayor opened the Public Hearing. Tab Sims, Director of Brand Identity-Motel 6, explained the hardship based on the irregular shape of the parcel, as the reason for the request for the variance. Pete DeKalb, Motel 6, noted the lease for the restaurant has options that could extend many more years. The Mayor closed the Public Hearing. Motion was made by Councilman Springer, seconded by Councilman Sudol and carried to direct staff to prepare a resolution approving the Variance with modifications to allow a single sign up to 150 sq.ft. or a sign in combination with the restaurant up to 225 sq.ft., if the current restaurant sign is removed. Councilmember Arellano noted for the record that she does not concur with the comparison with the two freeway signs to the south. Pub. Hearing Weeds The Mayor stated it was the time and place scheduled for a Public Hearing on the Report and Assessments for Weeds and Refuse Abatement. The staff report was noted and further explained by Acting City Administrator Dorn. The Mayor opened the Public Hearing. The Mayor closed the Public Hearing. Res. 98-33 Motion was made by Councilman Sudol, seconded by Councilmember Arellano and carried that the reading of Resolution No. 98-33 be waived and that it be adopted confirming the report of the Fire Chief and levying assessments; RESOLUTION NO. 98-33 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND PASSED AND ADOPTED this 6th day of July, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res. 98-34 Motion was made by Councilman Morales, seconded by Councilman Springer and carried that the reading of Resolution No. 98-34 be waived and that it be adopted partially approving M 98-06/ AHE 98-02, an Affordable Housing Exemption from the Residential Development Ordinance for South County Housing; 7200 RESOLUTION NO. 98-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PARTIALL Y APPROVING M 98-06/AHE 98-02, AN APPLICATION FOR AN AFFORDABLE HOUSING EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 790-04-037, -038, -057, -059, AND -062; PASSED AND ADOPTED this 6th day of July, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: GIFFORD ABSENT: COUNCILMEMBERS: NONE Councilwoman Rowlison stated for the record that she voted to approve M 98- 06/AHE 98-02, but that she is in favor of retaining the 60 multi-family units. Councilmember Gifford recused herself from voting on TM 98-01. Res. 98-35 Motion was made by Councilman Sudol, seconded by Councilman Springer and carried that the reading of Resolution No. 98-35 be waived and that it be adopted approving TM 98-01 for Glen Loma Corporation; RESOLUTION NO. 98-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 98-01, A TENTATIVE MAP WITH 19 RESIDENTIAL LOTS ON APPROXIMATELY 3.99 ACRES LOCATED ON PARTRIDGE DRIVE, WEST OF LOGANBERRY DRIVE, APN 783-51-04. PASSED AND ADOPTED this 6th day of July, 1998, by the following vote; AYES: COUNCILMEMBERS: MORALES, ROWLISON, SPRINGER SUDOL, and GILROY NOES: COUNCILMEMBERS: ARELLANO ABSENT: COUNCILMEMBERS: GIFFORD Z 98-03 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 for Z 98-03. The City Clerk read the Ordinance by title only. Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to introduce the Ordinance amending Section 10.30 (Residential Use Table), Section 18.30 (Commercial Use Table), Section 22.30 (Industrial Use Table), and Section 39.30 (Accessory Buildings) of the Gilroy Zoning Ordinance, Z 98-03. r< Thomas Road The Mayor noted a request to review the Draft Thomas Road Sports Park Sports Park Master Plan. Facilities & Parks Development Manager Headley reviewed the Draft Thomas Road Sports Park Master Plan and thanked members of the Task Force. He introduced Derek McKee of Beals Landscape Architecture, Inc., who reviewed the components of the Park and answered questioned posed by the Councilmembers. Councilmembers reviewed and commented on the Draft Thomas Road Sports Park Master Plan, including the possibility of a future study session. Motion was made by Councilwoman Rowlison, seconded by Councilmember Arellano and carried to approve the official name for the complex as "Gilroy Sports Park". At 8:48 p.m., the Mayor called for a recess, after which he reconvened the meeting. 7. ,\ (' 1 ,. {: .j I Lib.Com.Appt. The Mayor noted the necessity to appoint a member or set an interview date for applicants for the Library Commission. Motion was made by Councilwoman Rowlison, seconded by Councilmember Arellano, and the motion did not carry to appoint Everett "Bud" Burchell to the Library Commission. Council consensus was to set interviews for the two applicants for July 20, 1998 at 6:30 p.m. Graffiti The Mayor noted a recommendation to adopt a proposed graffiti related costs resolution. Res. 98-36 Motion was made by Councilman Sudol, seconded by Councilman Morales and carried that the reading of Resolution No. 98-36 be waived and that it be adopted establishing fees for graffiti related costs; RESOLUTION NO. 98-36 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING FEES FOR GRAFFITI RELATED COSTS. PASSED AND ADOPTED this 6th day of July, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Econ.Incentive- The Mayor noted a consideration for an Economic Incentive for Motel 6. Motel 6 The staff report was noted and further explained by Community Development Director Allen. Pete DeKalb answered questions posed by Councilmember Arellano regarding personnel, wages, and benefits. Motion was made by Councilman Morales, seconded by Councilwoman Rowlison and carried to approve the terms and economic incentive agreement for Motel 6. Econ.Incentive- The Mayor noted a consideration for an Economic Incentive for Paragon LLC Paragon LLC (Hilton Garden Inn). The staff report was noted and further explained by Community Development Director Allen. Wen Chang, representative of Paragon LLC, answered questions posed by Councilmember Arellano regarding personnel, wages, and benefits. He complimented staff in working with him. Motion was made by Councilmember Arellano, seconded by Councilman Sudol and carried to approve the terms and economic incentive agreement for Paragon LLC. Econ.Incentive- The Mayor noted a consideration for an Economic Incentive for Sterigenics, Sterigenics Inc. The staff report was noted and further eXplained by Community Development Director Allen. Jim Clauser, Sterigenics, Inc., reviewed the benefits and bonus packages for the employees, and the operation of his company. He spoke highly of the staff who assisted him. 72()2 Motion was made by Councilman Sudol, seconded by Councilman Morales and carried (Councilmember Arellano voting no) to approve the terms and direct staff to prepare an economic incentive agreement for Sterigenics, Inc. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Bill Lindsteadt, on behalf ofMr. Chang, complimented staff for their j assistance with the economic incentive for the Hilton Gardens Inn. He stated that the industrial economic incentive approved tonight will save money for other companies in Gilroy. Legislation: Letter from Senator Bruce McPherson regarding decreasing Vehicle License Fees; Letter from Joint Venture: Silicon Valley - Council on Tax and Fiscal Policy opposing repeal of Vehicle License Fees; League of California Cities Legislative Bulletin #20-1998 dated May 29, 1998; League of California Cities Legislative Bulletin #22-1998 dated June 12, 1998; League of California Cities Legislative Bulletin #23-1998 dated June 19, 1998; League of California Cities memorandum regarding the Governor's Office Conducting a Statewide poll of City positions on VLF reduction/repeal; League of California Cities response to inquiries from the Governor's Office regarding reduction of the Vehicle License Fee; Letter from the Office of the Governor regarding reduction of the Vehicle License Fee; Fax from Mayor Susan Hammer Regarding Urgent Help Needed to Urge Cunneen to Oppose Car Tax Proposal and Protect Local Services; Letter from Mayor Gilroy to The Honorable Jim Cunneen expressing the City of Gilroy's opposition to the reduction of Vehicle License Fees; Letter from Mayor Gilroy to Assemblymember Peter Frusetta expressing the City of Gilroy's opposition to the reduction of Vehicle License Fees; Letter from Michael S. Chang, Ph.D., Mayor, City of Cupertino, to The Honorable Jim Cunneen requesting reconsideration of his position on the Vehicle In Lieu Tax; League of California Cities Legislative Bulletin #24-1998 dated June 26, 1998; Letter from Mayor Gilroy to the Honorable Bruce McPherson regarding the Vehicle License Fee reduction; League of California Cities - Vehicle License Fee Reduction/Repeal: Editorial Support and Media Efforts; and League of California Cities - Democrats Unveil Tax Cut Proposal. Republicans Respond. League Poll to be Released Tomorrow. ACA 42 Hearing on Monday, July 6, 1998. 72{' ;: . ,../ .j Customer Service: Letter from Albert T. Fierro, ABAG PLAN Corporation, commending Human Resources Director Valenzuela for his work as the Chair of ABAG PLAN Corporation; Letter from Cheri Northup, Santa Clara Valley Water District, to Rhonda Pellin thanking her for serving on an appraisal board; Letters from Mayor Gilroy to Officer Dave Marrazzo, Fire Engineer Ed Bozzo, and John Garcia thanking them for their assistance with the Memorial Day Celebration; Letter from Olga Salazar, City of Hollister, to Captain Lanny Brown thanking him for participating on an interview panel; Note of thanks from Fire Chief Aguirre, Hollister Fire Department, to Fire Chief Gillespie; Letters of thanks from teachers and students from Rod Kelley and San Ysidro Schools to the Museum Staff members; Letters to Mayor Gilroy from Rucker School students, thanking him for judging their science projects; Letters from Lawrence W. Jones, Boy Scouts of America, thanking Sergeant Joe L. Ramirez and Lieutenant Scot Smithee for a recent tour of the Police Department; Letter from Mary Lou Mazzone, South County Housing, thanking Monica J. Souza for her assistance; Letter from Bob Cooke, U.N.E.T., commending UNET Agent Joe Harrold for his actions in an investigation; Bi-annual Community Development Department Customer Service Survey; Letter from the Community Services Department Staff to Jay Baksa, in appreciation for his customer service message during the Summer In-Service Training; and Certificate of Appreciation for Councilmember Rowlison attending the Mid- Cal Open Karate Championships. Information items: Letter from Arthur L. Anderson, State of California Office of Traffic Safety, announcing approval of a grant of approximately $16,250.00 for a speed radar trailer; South County Regional Wastewater Authority Ongoing Engineering Activities, June 23, 1998 SCRW A Board Meeting; Letter from Dan DeLaney, Falcon, announcing the appointment of Linda Kimberly to the position of Regional Manager; City of Gilroy Investment Report - May, 1998; Santa Clara County Cities Association Quarterly Newsletter-June, 1998; Gilroy Visitors Bureau Minutes of May 14, 1998; 7., " II . (..\)L.t P&R Com. 5-19-98 P&R Com. 6-16-98 A&C Com. 5-12-98 Lib.Com. 5-13-98 Community Development Department - Planning Division, Monthly Report of Long-Range Applications and Status ofRDO Allocation & Activity; and Letter from Mayor Gilroy to Linda Kimberly, Falcon Cable, thanking her for the publicity for the Memorial Day Celebration event. The minutes of the Parks & Recreation Commission Meeting of May 19, 1998 were noted. The report of the Parks & Recreation Commission Meeting of June 16, 1998 was noted. The minutes of the Arts and Culture Commission Meeting of May 12, 1998 were noted. The minutes of the Library Commission meeting of May 13,1998 were noted. Sr.Adv.Board The minutes of the Senior Advisory Board Meeting of May 18, 1998 were 5-18-98 noted. Acting City Administrator Dorn noted a request to set a Joint Workshop of the Gilroy City Council and the Gilroy Unified School District Board of Education on September 16, 1998 at the School District offices. Council consensus was to try for September 23, 1998. He noted the status on the Draft Cultural Arts General Plan Amendment, and that it would be agendized for July 20, 1998. He noted a letter to Howard Gan, Falcon Cable Systems, regarding refranchising negotiations, but there has been no response yet. He asked what Councilmembers would like to attend the League of California Cities Centennial Annual Conference, October 2- 4, 1998, at the Long Beach Convention Center, and all but Councilmembers Gifford and Sudol stated that they plan to attend. Councilmember Arellano stated that she would also like to attend the Academy on October I, 1998. City Attorney Callon questioned whether the Council would like to have ballot arguments on behalf of the Mayor and Council members for the Charter amendments. Council consensus was that they would like ballot arguments. She stated that they would be agendized for approval for July 20, 1998. The Mayor noted the 90 day City Council calendar, a list of upcoming meetings. He stated that he attended Peter Frusetta's Town Hall meeting on the Vehicle License Fee reduction, and has written a letter to Assemblyman Frusetta voicing his displeasure with the proposal. Councilwoman Rowlison noted a letter from the Santa Clara Valley Water District indicating that the flood control subventions funds have been taken out of the DWR budget, and requested calls be forwarded to Assemblymember Frusetta in support of the funding. She commented that she had received a letter from the Santa Clara Valley Water District indicating that the City can qualify for discounted flood insurance rates through the National Flood Insurance Program. She noted a meeting on July 9,1998 at the Chamber of Commerce regarding the Upper Pajaro regarding flood programs. She stated that she will be a panel speaker at the League Conference on July 23, 1998. She noted a California Wellness Foundation proposal deadline of September 1, 1998. She requested activity reports from the General Plan Update Committee be placed on the Council agenda each month. Councilmember Gifford stated that she attended the opening ceremony for the Family Living Center in San Martin. She requested an additional person be added to the Street Naming Committee, possibly a citizen or member of the Historical Society. Councilmember Arellano invited everyone to a Neighbor to Neighborhood Fair at Eliot School on July 11, 1998 from 11 :00 a.m. to 2:00 p.m. sponsored by the Gilroy Gang Task Force. Adjrnmt. 7' .....' ,", r t:. !j) Councilman Springer stated that he had been invited to participate in an arbitration for Project Sentinel on the CBM projects. The Mayor noted the following meetings/events: City Council Study Session - July 13, 1998 at 7:00 p.m. at the Gilroy Senior Center, 7371 Hanna Street, Gilroy, California to review the Unmet Rehabilitation Costs for Infrastructure (Streets/Storm Drains/Sidewalks). Closed Session of the Gilroy City Council, July 20, 1998 at 6:00 p.m. in the Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California pursuant to Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Property: APN 808-01-014. Negotiating Parties: Howson Trust and City of Gilroy. Matter under Negotiation: Terms of acquisition. Workshop of the Gilroy City Council, July 20, 1998 at 6: 15 p.m. in the Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California to critique the recent Neighborhood Meetings. City Council Study Session - July 27, 1998 at 7:00 p.m. at the Gilroy Senior Center, 7371 Hanna Street, Gilroy, California to review the City of Gilroy Standard Details for Offsite Improvements (New Streets, Utilities-water, sewer, storm drains, Electrical-street lighting, etc.). At 10:07 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~~ /s/ RHONDA PELLIN City Clerk