Minutes 1998/11/16
Invocation
Posting
Agenda
Rol1 Cal1
New
Employees
Vol. Award
Proc.- Takko-
Machi
Emp. Award
Consent
Calendar
Budget
Minutes
Res. 98-62
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Regular Meeting
November 16, 1998
Gilroy, California
The Mayor announced that the Council had adjourned from a Closed Session
regarding Public Employee Performance Evaluation-City Administrator, pursuant
to Government Code Section 54957 and that no action had been taken.
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Lee Neish, United Methodist Church, gave the Invocation.
The City Clerk noted that the Agenda had been posted on November 12, 1998
at 1:52 p.m.
Present: Councilmembers: Guadalupe Arel1ano, Lisabeth A. Gifford, Charles
S. Morales, Suel1en C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and
K. A. Mike Gilroy - 7:03 p.m.
The Mayor introduced new employees Ryan Hol1ar, Police Officer, Police
Department and Jason Pacheco, Police Officer, Police Department.
Sam Bozzo noted that last month he visited Takko-Machi with a group from
Gilroy to commemorate the 10th anniversary of the Sister City relationship
between the two cities. He stated that a tree was planted and a street dedicated to
Gilroy during his visit. He thanked the City of Gilroy for their assistance in making
this relationship possible. He specifical1y thanked Councilmembers Sudol and
Morales and City Clerk Pellin for their assistance with the 43 Japanese visitors
who were here over the weekend for a tree planting and plaque dedication in
celebration of the Ten Year Sister City relationship.
The Mayor presented the Volunteer of the Month of November, 1998 Award
to Doug Wilber.
The Mayor noted a proclamation celebrating the Ten Year Sister City
Relationship with Takko-Machi, Japan, noting that it had been presented
previously.
The Mayor presented the Employee Award for the Month of October, 1998, to
Angela Locke-Paddon, Multi Service Officer, Police Department.
Motion was made by Councilmember Arel1ano, seconded by Councilmember
Gifford and carried that the fol1owing items under the Consent Calendar be
approved amending Item B. re: Minutes of the Regular Council Meeting of
November 2, 1998 on page 4, last line, change Councilmembers Gifford, Springer,
and Sudol voting No rather than being Absent, and approving Item C. Resolution
adopting a Deferred Compensation Plan contingent on the use of the company
name Great Western Bank vs. Washington Mutual Bank FA, by the fol1owing Roll
Cal1 Vote: Ayes: Councilmembers: Guadalupe Arel1ano, Lisabeth A. Gifford,
Charles S. Morales, Suel1en C. Rowlison, Thomas W, Springer, Anthony C. Sudol
III, and K. A. Mike Gilroy:
Budget Amendments/Transfers as recommended;
Minutes of the Regular Council Meeting of November 2, 1998 as amended;
Adopted Resolution No. 98-62 of the Council of the City of Gilroy Adopting a
Deferred Compensation Plan and Trust/Custodial Document contingent on the use
of the company name Great Western Bank vs. Washington Mutual Bank FA;
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RESOLUTION NO. 98-62
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING A
DEFERRED COMPENSATION PLAN AND TRUST/CUSTODIAL
DOCUMENT.
PASSED AND ADOPTED this 16th day of November, 1998, by the following
vote;
AYES:
COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
NOES:
ABSENT:
CDD Standard Community Development Department Standard Specifications, Design
Specs./Details Standards, and Standard Details; and
Prop.Imp.Agr. Property Improvement Agreement No. 98-50 & Tract Map No. 9110, The
No. 98-50, Villas, The Old Orchard Co., a California Corporation, DBA Orchard Valley
Tract Map Communities.
No. 9110
Adm. Servo
Dept.Report
Administrative Services Director Dorn reviewed the City of Gilroy
Investment Report. He noted the Investment Policy will be on the next Council
agenda for adoption. He noted the possibility of outsourcing the utility billing, but
that staff is looking at keeping that function in-house. He introduced Cindy
Murphy, Finance Director, who reviewed the staffing in the Finance Department.
She reviewed the activities of the department and what is planned for the future.
Dennis White, Fleet and Facilities Manager, reviewed the activities of the staff of
the Fleet and Facilities Divisions.
Bid-Fire Truck City Administrator Baksa presented recommendations to award the bid of
West-Mark Fire Apparatus in the amount of$227,I50.00 for the purchase of
West-Mark Wildlands 500 GPM Sierra Series Model I4/4-Wheel Drive-
Urban/Structural Interface (Fire Truck).
Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried that the bid by West-Mark Fire Apparatus in the amount of
$227,150.00 be awarded for the purchase of West-Mark Wildlands 500 GPM
Sierra Series Model 14/4-Wheel Drive-Urban/Structural Interface (Fire Truck).
Pub.Hearing
Z 98-02
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Prezone request to amend the City of Gilroy Zoning Map on approximately 647
acres ofland from its current County designation to Highway Commercial-Planned
Unit Development (HC-PUD) and Open Space (OS) upon annexation to the City,
on property located at 3050 Hecker Pass Highway, west of Santa Teresa
Boulevard, Bonfante GardensIBonfante Nurseries, applicant, Z 98-02.
The City Administrator commended Mr. Bonfante and Mr. Kent and associates
for their persistence in finally completing this project.
The staff report was noted and further explained by Community Development
Director Allen and Plalllltlr I Stice.
The Mayor opened the public He~ring.
John Kent, representing ~~hael Honfante and BonflUltt'l Ganlops, thanked staff
for their kind words and hard work. He remq.rked on concerns expressed
regarding the tr'lffic iiliues related to the entrance to the park. In answer to a
question, he stated that the park is scheduled to open March, 2001.
Leo Tirado, architect, reviewed the rides proposed for the park, noting that
they are more family-oriented.
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The Mayor closed the Public Hearing,
Councilmember Arellano noted for the record her concerns with the possible
back-up of traffic at the entrance to the park.
Motion was made by Councilman Springer, seconded by Councilmember
Gifford and carried to direct staff to prepare an ordinance approving Z 98-02.
The Mayor deviated from the regular order of business to accommodate
interested persons in the audience.
A 98-0 I
Bonfante
Gardens/
Nurseries
The Mayor noted an Annexation request to include approximately 864 acres of
land within the incorporated City limits, for property located at 3050 Hecker Pass
Highway (Highway 152), west of Santa Teresa Boulevard, Bonfante Gardens/
Bonfante Nurseries, applicant, A 98-01.
The staff report was noted and further explained by Planner I Stice.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Springer and carried to direct staff to prepare a Resolution approving Hecker Pass
Reorganization 98-01.
The Mayor returned to the regular order of the agenda.
Pub.Hearing
Z 98-06
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Prezone request to amend the City of Gilroy Zoning Map on approximately 11.5
acres ofland from its current County Agricultural designation to MI (Limited
Industrial), upon annexation to the City, on property located at the southeast
corner of Las Animas Avenue and San Ysidro Avenue, Paul Farmer and Kip
Brundage, applicants, Z 98-06.
The staff report was noted and further explained by Planner II Durkin.
The Mayor opened the Public Hearing.
The Mayor closed the Public Hearing.
Councilmember Arellano stated for the record that she feels that the City
would be leap-frogging if this property is approved thus creating a hodge-podge,
that the City is currently in negotiation in acquiring this piece of property, that this
proposal is premature, and also stated concerns with the traffic flow.
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried (Councilmember Arellano voting no) to direct staff to prepare an
ordinance approving Z 98-06.
The Mayor deviated from the regular order of business to accommodate
interested persons in the audience.
A 98-03 The Mayor noted an Annexation request to include approximately 11.5 acres
Paul Farmer/ ofland within the incorporated City limits, for property located at the southeast
Kip Brundage corner of Las Animas Avenue and San Ysidro Avenue, Paul Farmer and Kip
Brundage, applicants, A 98-03.
The staff report was noted and further explained by Planner II Durkin.
Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried (Councilmember Arellano voting no) to direct staff to prepare a
Resolution approving San Y sidro Reorganization 98-3.
At 8:57 p.m. the Mayor called for a recess, after which he recalled the meeting
to order.
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The Mayor returned to the regular order of the agenda.
Pub. Hearing
Z 98-07
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Zoning Ordinance Text Amendment request to amend Zoning Ordinance Section
37 Sign Regulations, to set forth standards for Regional Commercial Uses, City of
Gilroy, applicant, Z 98-07.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to continue this request to February 16, 1999, due to continuance by the
Planning Commission.
Amer.Housing The Mayor noted a request for clarification of issues involved with the
Partnership American Housing Partnership's RDO Exemption for the Victoria Woods project,
7884 Wren Avenue, south of First Street and the request by the applicant for
continuance to December 7, 1998.
Motion was made by Councilmember Arellano, seconded by Councilman Sudol
and carried to continue this request to December 7, 1998.
Councilman Sudol stated for the record that he reviewed the tape from the
October 5, 198 meeting and will be able to vote on the next issue.
Res. 98-63 Motion was made by Councilmember Arellano, seconded by Councilman
Morales and carried that the reading of Resolution No. 98-63 be waived and that it
be adopted.
RESOLUTION NO. 98-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A PARTIAL TENTATIVE CANCELLATION OF A
WILLIAMSON ACT CONTRACT INVOLVING APPROXIMATELY 3.84
ACRES, A PART OF 810-23-007, THE GILROY PRESBYTERIAN CHURCH,
APPLICANT.
PASSED AND ADOPTED this 16th day of November, 1998, by the following
vote;
AYES:
COUNCILl\1EMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
COUNCILl\1EMBERS: NONE
COUNCILl\1EMBERS: NONE
NOES:
ABSENT:
Res. 98-64 Motion was made by Councilman Morales, seconded by Councilman Sudol and
carried that the reading of Resolution No. 98-64 be waived and that it be adopted.
RESOLUTION NO. 98-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 98-30 (PUD), AN APPLICATION FOR ARCHITECTURAL
AND SITE APPROVAL OF A PLANNED UNIT DEVELOPl\1ENT (PUD)
INVOLVING APPROXIMATELY 30,952 SQUARE FEET, APN 841-75-002
AND 841-75-004, STAR FOOD SERVICE, INe. (CARL'S JR.), APPLICANT.
PASSED AND ADOPTED this 16th day of November, 1998, by the following
vote;
AYES:
COUNCILl\1EMBERS: ARELLANO, MORALES, ROWLISON,
SPRINGER, SUDOL, and GILROY
COUNCILl\1EMBERS: GIFFORD
COUNCILl\1EMBERS: NONE
NOES:
ABSENT:
Econ.Incentive The Mayor noted a consideration of an Economic Incentive for Baba R V Park
Baba R V Park
Community Development Director Allen reviewed the request.
7,61
Councilmember Arellano stated that if this is approved, the City is giving
money away, and noted that this project would be built without the incentive.
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried (Councilmember Arellano voting no) to approve the terms and direct
staff to prepare an economic incentive agreement for Baba R V Park.
Soundwallland- The Mayor noted Soundwalllandscaping and fencing concerns pertaining to
scaping/ new development.
fencing
Plan. Com.
10-1-98
The staff report was noted and further explained by Planner I Stice.
Councilmember Arellano stated that she is opposed to giving special
preference to specific neighborhoods to be represented on the proposed task force.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried (Councilmember Arellano voting no) to approve Option #2 with the
modification to have five citizen members on the task force, with preference to
have one member from the development community, one member from the
southwest area and one member from the northwest area.
The Mayor 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.
Councilmembers Gifford and Springer commented on agenda item IX.B.6.
regarding proposed new traffic signals.
(At 10:03 p.m. Councilmember Gifford left the Council Chambers, and
returned at 10:05 p.m.)
Councilmember Arellano commented on agenda item IX.B.5. suggesting that
an analysis or assessment be done for the Council rather than having the committee
give a recommendation. The City Administrator stated that he will get back to her
with the Federal requirements, and that he will write a memo for November 30th.
The following information items were noted with no separate discussion on
same:
Customer Service:
Card of thanks from Mary White, Principal, Sacred Heart Parish School in
Hollister, to Officer Brett Johnson for fingerprinting volunteers at her school.
Informational items:
Gilroy Sales Tax Digest, Second Quarter Sales;
City of Gilroy HCD Proposed Time Line for Community Development Block
Grant - Request for Proposal Process and Citizen Advisory Committee Meeting
Schedule;
Update on new traffic signals proposed for the City of Gilroy;
Article from Western City, November 1998 entitled Waitingfor the State to
Get Its House in Order: The Origin of Cities' Fiscal Relationship With the State,
and
Gilroy Visitors Bureau Advisory Council Minutes of October 8, 1998 and
Financial Statements for September, 1998.
The minutes of the Planning Commission meeting of October 1, 1998 were
noted.
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Plan. Com.
11-5-98
The report ofthe Planning Commission meeting of November 5, 1998 were
noted.
Pers. Com.
9-14-98
The minutes of the Personnel Commission meeting of September 14, 1998
were noted.
Pers. Com.
10-26-98
The minutes of the Personnel Commission meeting of October 26, 1998 were
noted.
Phys.Chal.Bd. The minutes of the Physically Challenged Board of Appeals meeting of
10-20-98 October 20, 1998 were noted.
The City Administrator stated the Council Retreat is confirmed for January 8
and 9, 1998 and that an agenda needs to be set.
He distributed a revised handout on development fees for November 23rd.
Amicus Brief The City Attorney noted a request by the City ofMalibu to join in Amicus
Brief, Case No. B 119503, California Housing Council v. City ofMalibu regarding
whether a City must follow the recommendations of the Department of Housing
and Community Development for a Housing Element.
Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried to approve joining in Amicus Brief, Case No. B 119503, California
Housing Council v. City of Mali bu.
Amicus Brief The City Attorney noted a request of the League of California Cities to join in
Amicus Briefin Sierra Club v. San Joaquin LAFCO regarding confirming
Requirements to Exhaust Administrative Remedies prior to filing a lawsuit.
Motion was made by Councilman Sudol, seconded by Councilman Springer
and carried to approve joining in Amicus Brief, Sierra Club v. San Joaquin
LAFCO.
The City Attorney noted that there is a proposed settlement in the Stull vs.
Bank of America lawsuit.
The City Attorney stated that she will be reviewing the TOT ordinance noting
that there possibly could be an agreement that permits the first 30 days of stay to
not be required to pay the TOT if the stay is to be longer than 30 days.
Councilmember Arellano noted that for the proposed R V park, possibly no
TOT may be collected if the renters stay over 30 days.
The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings. He reminded citizens and Councilmembers that Friday, November 20 at
5:00 p.m. is the date when applications are due for Boards and Commission
operungs.
Councilman Springer noted a meeting on Wednesday in San Jose regarding
Pac Bel's request to increase the cost for directory assistance. He noted that if
every family set aside $5.00 to give to the Lord's Table or Salvation Army or other
churches it would really help those less fortunate.
Councilmember Arellano noted that if a family cannot afford the $5.00, they
can volunteer to help cook and pack the food. She noted the Latina Coalition
Silent Auction on Friday, December 4, 5:00 p.m. to 8:00 p.m. at Forest Park Inn.
Councilmember Gifford thanked Jim McCann for the wonderful new sound
system
Adjrnmt.
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Councilman Sudol thanked City staff, the Gilroy Unified School District,
Gilroy citizens and businesses for hosting the Takko-Machi group last weekend.
Councilman Morales thanked AI Viarengo and Joe Kline for the display in City
Hall. He also acknowledged the local McDonalds for their top sales award. He
noted our need to help those less fortunate than us.
Councilwoman Rowlison stated that she attended the Santa Clara County
Cities Association meeting and announced elected members to various committees.
She noted a poster and packet on domestic violence that she also received at that
meeting. She stated that she attended a citizens meeting for the Santa Clara Valley
Flood Control regarding on-going maintenance for flood control work and
whether to place it on the ballot for voter approval. She stated that the Valley
Transportation Authority (VT A) will be involved in a couple of projects on
Masten Avenue and South Monterey Street. She noted that the VT A fare
adjustments were discussed.
The City Administrator questioned whether everyone received a Joint Venture
Silicon Valley 2010 report, noting that they are asking for a resolution, and
questioned whether the Council wants to be involved?
The Mayor noted the following meetings/events:
Council Study Session on impact fees, review ofthe economic incentive policy,
and discussion on the conceptual direction on infrastructure needs - November 23,
1998,5:00 p.m. to 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy,
California.
Review ofCDBG Priorities - November 30, 1998 at 7:00 p.m., Gilroy Senior
Center, 7371 Hanna Street, Gilroy, California.
Commission and Board Interviews - December 14, 1998 at 7:00 p.m., Gilroy
City Council Chambers, 7351 Rosanna Street, Gilroy, California.
Council Retreat - January 8, 1998,8:00 a.m. to 9:00 p.m. including dinner off-
site and January 9, 1998,8:00 a.m. to 5:00 p.m., Temporary Environmental
Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049
Miller Avenue, Gilroy, California.
At 10:33 p.m. the Mayor adjourned the meeting to a Closed Session:
Pursuant to Government Code Section 54956.9(b):
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation. One potential case.
Pursuant to Government Code Section 54956.9(c):
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
One potential case.
The Mayor reconvened the meeting and announced that the closed session
regarding INITIATION OF LITIGATION pursuant to Government Code Section
54956.9(c) was settled regarding John Vlahos for vehicle abatement costs on
property located at 8595 Murray Avenue, Gilroy, California for a settlement
amount of$II,452.97 and further adjourned the meeting at 10:55 p.m.
Respectfully submitted,
J ~) .
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/s/ RHONDA PELLIN
City Clerk