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Minutes 1998/12/07 7r'ot'~ , i O:Lt Posting Agenda Roll Call New Employees Regular Meeting December 7, 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. The City Clerk noted that the Agenda had been posted on December 3, 1998 at 2:30 p.m. Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles S. Morales, Suellen C. Rowlison (arrived at 7:07 p.m.), Thomas W. Springer, Anthony C. Sudol III, and K. A. Mike Gilroy - 7:03 p.m. The Mayor introduced new employees Mike Botill, Firefighter I, Fire Department and Jason Lee Hogue, Multi-Service Officer, Police Department. Proc.-Joe Kline The Mayor presented a proclamation to Joe Kline for Joe Kline Day, Day November 11, 1998. Consent Calendar Budget Minutes Econ. Incentive Policy Motion was made by Councilman Springer, seconded by Councilwoman Rowlison and carried that the following items under the Consent Calendar be approved amending Item B. re: Minutes of the Regular Council Meeting of November 16, 1998 on page 2, third item, change October 19, 1998 to November 2, 1998 and removing item I. re: Resolution amending the City of Gilroy Conflict of Interest Code, by the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles S. Morales, Suellen e. Rowlison, Thomas W. Springer, Anthony e. Sudol III, and K. A. Mike Gilroy: Budget Amendments/Transfers as recommended; Minutes of the Regular Council Meeting of November 16, 1998 as amended; Revised the Economic Incentive Policy as recommended; Investment Policy Adopted the City of Gilroy Investment Policy for 1999 as recommended; Res. 98-65 Adopted Resolution No. 98-65 of the Council of the City of Gilroy establishing the 1998-1999 Salary Schedule for the Miscellaneous Employees Association; RESOLUTION NO. 98-65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE 1998-1999 SALARY SCHEDULE FOR THE MISCELLANEOUS EMPLOYEES ASSOCIATION. PASSED AND ADOPTED this 7th day of December, 1998, by the following vote; AYES: NOES: ABSENT: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE Res. 98-66 Adopted Resolution No. 98-66 Authorizing Examination of State and Use Tax Records of the State Board of Equalization by Certain Designated Officers and Employees; 7,", ,,-- , , c.. i~) ,) RESOLUTION NO. 98-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING EXAMINATION OF STATE AND USE TAX RECORDS OF THE STATE BOARD OF EQUALIZATION BY CERTAIN DESIGNATED OFFICERS AND EMPLOYEES. PASSED AND ADOPTED this 7th day of December, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: Res. 98-67 Adopted Resolution No. 98-67 of the City Council of the City of Gilroy of Commitment for Silicon Valley 2010: A Regional Framework for Growing Together; RESOLUTION NO. 98-67 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OF COMMITMENT FOR SILICON VALLEY 2010: A REGIONAL FRAMEWORK FOR GROWING TOGETHER. PASSED AND ADOPTED this 7th day of December, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: Res. 98-68 Adopted Resolution No. 98-68 ordering the reorganization of a contiguous parcel totaling approximately 864 acres to the City of Gilroy and detachment from South Santa Clara County Fire District and Santa Clara County Open Space Authority, A 98-01, Bonfante GardensIBonfante Nurseries, applicant. RESOLUTION NO. 98-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE REORGANIZATION OF A CONTIGUOUS PARCEL TOTALING APPROXIMATELY 864 ACRES TO THE CITY OF GILROY AND DETACHMENT FROM SOUTH SANTA CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY, A 98-01, BONF ANTE GARDENSIBONF ANTE NURSERIES, APPLICANT. PASSED AND ADOPTED this 7th day of December, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: Sixth St. Sidewalk Approved the Security Release and accepted the Sixth Street Sidewalk Improve. Improvements, Project No. 98-CDD-504; Tract 8853 Tract 8854 Accepted Tract 8853, NCD Construction, Inc. - Carriage Hills 2 and Tract 8854, NCD Construction, Inc. - Carriage Hills 3; and MOU-AFSCME Approved the Memorandum of Understanding between the City of Gilroy & Superv. and AFSCME, Gilroy Chapter General Unit and Supervisory Unit. Res. 98-69 Motion was made by Councilman Springer, seconded by Councilmember Gifford and carried to adopt Resolution No. 98-69 amending the City of Gilroy Conflict of Interest Code to add positions and change the titles of certain persons subject to the Code, with the amendment to add the HCD Coordinator to the list; 7266 Pub.Hearing LLEBG Pub. Hearing Dev. Fees Res. 98-70 RESOLUTION NO. 98-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE CITY OF GILROY CONFLICT OF INTEREST CODE TO ADD POSITIONS AND CHANGE THE TITLES OF CERTAIN PERSONS SUBJECT TO THE CODE. PASSED AND ADOPTED this 7th day of December, 1998, by the fol1owing vote; AYES: NOES: ABSENT: COUNCILMEMBERS: GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: ARELLANO COUNCILMEMBERS: NONE Chairperson Silva reviewed the current activities of the Arts and Culture Commission as authorized by the Cultural Plan. She noted the lack of facilities is their highest priority. She thanked the City for hiring Cathy Mirelez as the Recreation Supervisor-Museum/Cultural Arts. Jesse Garcia, Arts and Culture Commission member, noted that networking has been a priority for the Commission. He also thanked the City for hiring Cathy Mirelez and also noted the need for a cultural facility. The Mayor stated it was the time and place scheduled for a Public Hearing on a request to consider a report by the Gilroy Police Department recommending projects/programs for funding under the Federal Local Law Enforcement Block Grant (LLEBG) monies for the 1998-00 Fiscal Years. The staff report was noted and further explained by Police Chief Giusiana. The Mayor opened the Public Hearing. The Mayor closed the Public Hearing. Motion was made by Councilmember Arel1ano, seconded by Councilman Morales and carried to accept the funding for projects/programs as recommended. The Mayor stated it was the time and place scheduled for a Public Hearing on the proposed changes to the Development Impact Fee for the City of Gilroy. The staff report was noted and further explained by the City Administrator. The City Attorney commented on letters received from the Home Builders Association and recommended not approving the Park Development Impact Fee tonight. The Mayor opened the Public Hearing. Michael R. Van Every, Home Builders Association, distributed a comparison of various impact fees with other cities in the area. He recommended alternative 3 for the traffic impact fee. He questioned how the City is counting neighborhood serving parkland, noting that the City could be counting various other open space areas in their acreage. The Mayor closed the Public Hearing. Councilwoman Rowlison requested the current number of developed park acres per 1,000 population and the number of acres that are undeveloped and that we plan to develop. She also questioned whether a regional park, such as Christmas Hil1 Park, is factored into the 5 acres per 1,000 population. The City Administrator stated that he wil1 include that information in the next packet. Motion was made by Councilman Sudol, seconded by Councilman Springer and carried that the reading of Resolution No. 98-70 be waived and that it be adopted, removing Park Development Impact Fees from this action. 7'){;,7 , (-,~, RESOLUTION NO. 98-70 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING THE DEVELOPMENT IMP ACT FEES CHARGED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. PASSED AND ADOPTED this 7th day of December, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: 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, noting that the applicant has requested that this item be pulled from the agenda. Motion was made by Councilman Sudol, seconded by Councilman Springer and carried to pull this item from the agenda, to be reagendized at a later time. Z 98-02 The Mayor noted an Ordinance of the City Council of the City of Gilroy pre- zoning certain property HC-PUD and OS (Highway Commercial - Planned Unit Development and Open Space) described as APNs 783-05-011, 783-05-012, 783- 05-013,810-17-009,810-17-014,810-17-015, 810-17-021, 810-17-024, 810-17- 025,810-17-026,810-17-029,810-18-002, 810-18-008, 810-18-009, 810-18-010, 810-18-011,810-19-003,810-19-005,810-19-007, 810-19-010, 810-19-012, 810-19-011,810-20-012, application Z 98-02, Bonfante Gardens/Bonfante Nurseries, applicant. Motion was made by Councilman Morales, 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 Springer, seconded by Councilman Sudol and carried to introduce the Ordinance approving Z 98-02 amending the zoning designation. A 98-03 The Mayor noted a Resolution of the City Council of the City of Gilroy ordering the reorganization of a contiguous plp'cel totaling approximately 11.5 acres to the City of Gilroy and detachment from South Santa Clara County Fire District and Santa Clara County Open Space Authority, A 98-03, Paul Farmer and Kip Brundage, applicants. Res. 98-71 Motion was made by Councilman Springer, seconded by Councilman Morales and carried that the reading of Resolution No. 98-71 be waived and that it be adopted. RESOLUTION NO. 98-71 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE REORGANIZATION OF A CONTIGUOUS PARCEL TOTALING APPROXIMATELY 11.5 ACRES TO THE CITY OF GILROY AND DETACHMENT FROM SOUTH SANTA CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY, A 98-03, PAUL FARMER AND KIP BRUNDAGE, APPLICANTS. PASSED AND ADOPTED this 7th day of December, 1998, by the following vote; AYES: COUNCILMEMBERS: GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: ARELLANO COUNCILMEMBERS: NONE NOES: ABSENT: 7?68 Z 98-06 The Mayor noted an Ordinance of the City Council of the City of Gilroy to pre-zone certain property Ml (Limited Industrial) described as APN 835-04-051, application Z 98-06, Paul Farmer and Kip Brundage, applicants. Motion was made by Councilman Springer, 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 Councilman Springer, seconded by Councilman Sudol and carried (Councilmember Arellano voting no) to introduce the Ordinance approving Z 98-06 amending the zoning designation. 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. The following information items were noted with no separate discussion on same: Customer Service: Certificate of Appreciation presented to City of Gilroy for helping to protect Santa Clara County's children form vaccine preventable diseases by serving as a Public Health Immunization Ambassador; Letter of thanks to the Planning Division staff, specifically Melissa Durkin, and Mark Fachin of the Engineering Division from the Neighbors of Bay Tree Drive regarding their requests involving closure of their street; Certificate of Recognition to Officers Nestor Quinones, Kurt AsWey, and Taryn Hathaway from the City of Hollister for their participation in the City of Hollister first "National Night Out" Festival; Memorandum of Appreciation to the following Gilroy employees for their assistance with the Morgan Hill Police Department's multi-jurisdictional enforcement effort: Corporal Daniel Castaneda, and Officers Joe Harrold, Mike Clarke, Chad Gallacinao, Kurt Svardal, Dan Zen, Gil Gallo, and Romeo Dekelaita; Letter of gratitude from the Gilroy Police Officer/Gilroy High School Instructor and Gilroy High School "Law Enforcement" class - Fall Semester, 1998 for Officer Michael Bolton's contribution to their class; Memorandum of commendation from Chief Giusiana to the following Gilroy employees for their efforts in an investigation of a shooting incident: Sergeant Charles Ellevan; Corporal Brett Johnson; Officers Ray Hernandez, Jason Kadluboski, Daniel Zen, and Mitch Madruga; Multi Service Officer Kim Pestoni; and Public Safety Communicators Patty Harrell, Carmen Carpenter, and Mary Anders; and Note of thanks and appreciation from Steve and Dianne Drake to Corporal John Lara for his assistance in obtaining information on their case. Informational items: Appointment of Deputy City Clerks; Information from the Santa Clara County Planning Office regarding dwelling units and population growth; Gilroy Economic Development Corporation Minutes of October 28, 1998; Information from the joint study session with the Planning Commission regarding the role of the Planning Commission; P&R Com. 10-20-98 A&C Com. 10-13-98 Lib.Com. 10-14-98 Sr.Adv.Bd. 10-19-98 SCRWA 11-10-98 7')(0 : ,e. 1,_~ I Community Development Department - Planning Division Monthly report of 10ng-range applications and status ofRDO allocation and activity dated November 20, 1998; Article from the HBA News, November, 1998 issue entitled Relief from school fee abuse is a victory for affordable housing; Notice of application for changes in electric and gas distribution rates; Article from Caltrain Connection November/December, 1998 entitled Terminal Stations Work Nearing Completion; and Drought Alert Calculations, Summary ofMontWy Water Production, November, 1998. The minutes of the Parks & Recreation Commission meeting of October 20, 1998 were noted. The minutes of the Arts and Culture Commission meeting of October 13, 1998 were noted. The minutes of the Library Commission meeting of October 14, 1998 were noted. The minutes of the Senior Advisory Board meeting of October 19, 1998 were noted. The minutes of the South County Regional Wastewater Authority meeting of November 10, 1998. The City Administrator distributed information on the Council retreat. He requested Councilmembers give their dinner choice information to the Mayor or call him with their choice. The Mayor noted the 90 day City Council calendar, a list of upcoming meetings. He thanked those who participated in the city-wide Christmas program. On behalf of the Symphony Board, he thanked those people who volunteered as ushers on Sunday at the concert. He noted a neighborhood meeting on Wednesday, December 9, 1998 from 7:00 p.m. to 9:00 p.m. at the Senior Center for the Ninth! Eigleberry/Church Street area. Trademark The Mayor noted a request to have the City officially register as a trademark the slogan "The Garlic Capital of the World". Councilman Springer reviewed the request. Motion was made by Councilman Springer, seconded by Councilmember Arellano and carried to direct the City Attorney to file official paperwork to register as a trademark the slogan "The Garlic Capital of the World". RDO The Mayor noted a request to modify Section 4.03 (E) of the City's "RDO Affordable Housing Exemption Procedure for Private Developments" policy. Councilman Springer reviewed this request. The City Administrator noted that staff has requested that this issue of median income be reviewed during the review of the entire policy in February. Consensus of the Council was to wait until February to review the entire policy. Councilman Morales noted that there are a lot of food and toy drives during this season and asked citizens to be generous. 72/'0 Adjrnmt. Councilman Sudol echoed Councilman Morales' comments. Councilmember Arellano requested a report regarding the grantwriter and the monies produced. She noted agenda item IX.B.3.b. and added her appreciation to Melissa Durkin and Mark Fachin regarding the Bay Tree Drive neighborhood meeting. She thanked everyone who attended the Latina Coalition event last Friday night. Councilman Springer noted the free South Valley Symphony concert held yesterday at the Presbyterian Church, noting that several members of the Council volunteered as ushers. He noted that tomorrow night is the formal induction of the new members of the School Board at 7:30 p.m. in the Board Chambers. It was also mentioned that a reception wi11 be held at 7:00 p.m. for outgoing Board members at the School District offices. The Mayor noted a South County Regional Wastewater Authority meeting tomorrow morning at 7:30 a.m. at the Wastewater facility. The Mayor noted the following meetings/events: Arts and Culture Commission Meeting - December 8, 1998 at 5:30 p.m., Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California to discuss alley art. Commission and Board Interviews - December 14, 1998 at 7:00 p.m., Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California. Fire Department Presentation - December 16, 1998 from 5:30-7:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, 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. Joint City Council and Planning Commission study session - January 11, 1999, 7:30 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, California to review and discuss proposed changes to the City of Gilroy Zoning Ordinance, Section 37 Sign Regulations to set forth standards for Regional Serving Commercial signage. At 8:45 p.m. the Mayor adjourned the meeting. Respectfully submitted, ;1; ') . :4~~' /s/ RHONDA PELLIN City Clerk