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Minutes 1998/12/21 Invocation Posting Agenda Roll Call Vol. Award Consent Calendar Budget Minutes Ord. 98-20 7211 Regular Meeting December 21, 1998 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Mike Paddy, CityTeam Ministries, gave the Invocation. The City Clerk noted that the Agenda had been posted on December 17, 1998 at 9:35 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 - 7:00 p.m. The Mayor presented the Volunteer of the Month of December, 1998 Award to Marie Dillard. Motion was made by Councilman Morales, seconded by Councilman Sudol and carried that the following items under the Consent Calendar be approved amending Item B. re: Minutes of the Regular Council Meeting of December 7, 1998 on page 4, last line, change the word "by" to "from" and on page 5, fifth paragraph, first line, change the word "a" to "the", amending Item E. re: Purchase of property at 7320 Dowdy Street, on page 4 of the Purchase Agreement item 10, change the date from "October 31, 1998" to "January 31, 1999", and removing item F. re: Approval of Deed for Recordation, by the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles S. Morales, Suellen e. 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 December 7, 1998 as amended; Adopted Ordinance No. 98-20 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 GardensIBonfante Nurseries, applicant; ORDINANCE NO. 98-20 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, 810-19-005,810-19-007,810-19-010,810-19-012,810-19-01 1,810-20-012, APPLICATION Z 98-02, BONF ANTE GARDEN SIB ONF ANTE NURSERIES, APPLICANT. PASSED AND ADOPTED this 21st day of December, 1998, by the following vote; AYES: NOES: ABSENT: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE 7272 Res. 98-72 Adopted Resolution No. 98-72 approving and adopting the Registrar of Voters' canvass of the Special Municipal Election and declaring results of such Election held in the City on November 3, 1998; RESOLUTION NO. 98-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING THE REGISTRAR OF VOTERS' CANVASS OF THE SPECIAL MUNICIPAL ELECTION AND DECLARING RESULTS OF SUCH ELECTION HELD IN THE CITY ON NOVEMBER 3, 1998. RESOLVED, by the City Council of the City of Gilroy, California that; WHEREAS, by order of this Council a special municipal election was held and conducted in the City of Gilroy and consolidated with the Statewide Presidential General Election, on Tuesday, the 3rd day of November, 1998 as required by law and the Charter of said City as amended; and WHEREAS, it appears that notice of said special election was duly and legal1y given; voting precincts were properly established; election officers were appointed and election supplies furnished; and in al1 respects the election was held and conducted and the votes cast thereat received and canvassed, and the returns thereof made, determined and declared in time, form and manner as required by the Charter of said City as amended and the general laws of the State providing for and regulating municipal elections in said City; and WHEREAS, the Registrar of Voters did conduct the canvass of the returns of said municipal election and did count the absentee bal10ts cast thereat, pursuant to direction and order of the City Council of said City; and WHEREAS, said canvass was duly completed and the results thereof were certified by the Registrar of Voters and submitted to this Council. NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, as fol1ows: 1. Said municipal election was held and conducted in the City of Gilroy, County of Santa Clara, State of California and consolidated with the Statewide Presidential General Election held throughout Santa Clara County on Tuesday, November 3, 1998 in the time and in the form and manner as required by law. 2. That there were established twenty-three (23) voting precincts for the purpose of holding said municipal election. 3. The canvass of the returns of the votes cast and the counting of absentee ballots cast in said City for Measures K, L, M and N was duly held by the Registrar of Voters in accordance with the order of the Council and in accordance with law and said Registrar of Voters has executed a certificate certifYing to the results of such canvass, which certificate is hereto attached, marked Exhibit "A" and by this reference is made a part hereof Said certificate has been examined and is hereby approved and adopted by this Council as the official canvass of said municipal election. 4. The whole number of votes cast in said City of Gilroy at said municipal election was 8,191 (including 1,670 absentee votes). 5. The measures voted upon, the number of votes received in favor of and against said measures in each of said precincts and by absentee votes, together with the whole number of votes which each measure received in the entire city, are shown on said Exhibit" A", hereto attached. 72f'J 6. At said municipal election certain measures were approved to wit; K CHARTER AMENDMENT Shall Section 800 of the City Charter be amended to delete the provision which required that the City Administrator prepare and submit to the City Council, and requiring the Council to adopt, the first administrative code after the Charter was established? L CHARTER AMENDMENT Shall Section 811 of the City Charter be amended to bar the City from discriminating against, or from favoring, a City employee or person seeking employment with the City, on the basis of political opinion or affiliations or membership in a lawful employees association, or because of race, color, religion, gender, national origin, age, sexual orientation, physical or mental disability, or veteran's status? M CHARTER AMENDMENT Shall Section 1000 of the City Charter be amended to remove from the list of positions coming within the jurisdiction of the General Service the position of school crossing guards? N CHARTER AMENDMENT Shall Section 1104 of the City Charter be amended to allow the City Administrator to transfer unused budgetary amounts from one account to another as long as the total appropriation approved by the City Council for any fund or department are not affected by the transfer during any fiscal year? 7. That the City Clerk be, and she is hereby instructed to enter this resolution in full in the minutes of this Council as a statement of the result of said special municipal election. PASSED AND ADOPTED this 21st day of December, 1998 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY COUNC~MEMBERS: NONE COUNC~MEMBERS: NONE NOES: ABSENT: APPROVED: /s/ K. A. MIKE GILROY Mayor ATTEST: /s/ RHONDA PELLIN City Clerk 7274 "EXHIBIT A" CITY OF GILROY MEASURES K, L, M, N M M M E E E R B A A A E ASS S G L U U U I L T R R R SOU E E E T T R R S N K L M A 0 T C U I A T Y Y Y o S ENE N E N N T % S 0 S 0 S 0 3951 833 359 43.1 154 97 185 89 135 114 3952 622 281 45.2 134 71 154 59 134 74 3953 762 363 47.6 165 85 206 66 164 89 3954 501 185 36.9 66 64 97 46 64 73 3955 718 320 44.6 129 91 168 65 130 93 3956 434 169 38.9 70 42 84 38 66 48 3957 617 244 39.5 96 74 124 56 75 95 3958 635 275 43.3 103 102 147 71 76 125 3959 491 263 53.6 122 60 152 39 116 67 3960 739 373 50.5 183 99 242 59 179 111 3962 839 273 32.5 105 92 131 67 91 106 3964 560 263 47.0 118 64 139 49 122 49 3965 693 335 48.3 176 74 218 52 185 73 3967 749 354 47.3 190 80 224 66 183 95 3969 764 291 38.1 122 82 172 45 106 100 3970 609 258 42.4 123 64 142 54 108 85 3974 649 265 40.8 123 90 178 45 124 91 3978 457 240 52.5 127 51 147 42 121 63 3979 555 274 49.4 132 74 165 49 131 69 3980 619 278 44.9 124 81 152 64 108 104 3981 658 337 51.2 161 97 232 46 164 94 3982 815 357 43.8 152 94 219 60 156 113 3983 347 164 47.3 92 30 108 26 87 38 AB T 14666 1670 11.4 705 465 947 306 718 471 GR T 14666 8191 55.9 3672 2223 4733 1559 35432440 AB T = Absentee Totals GR T = Grand Totals M E A S U R E N Y E N S 0 133 126 122 87 164 10 1 69 73 125 106 65 47 75 96 99 111 118 71 154 140 89 115 114 76 166 93 18 I 102 126 91 109 84 127 94 119 68 115 92 115 102 170 103 148 123 84 43 737 511 35242655 Purchase-7320 Purchase of property 10cated at 7320 Dowdy Street, APN 799-17-045 for F. Dowdy St. Steven Fortino, Geralyn Fortino and John S. Marfia with change to page 4 of the purchase agreement regarding the date for close of escrow, as amended. Transfer Prop. Motion was made by Councilwoman Rowlison, seconded by Councilman to GUSD Morales and carried approving a Deed for recordation transferring property from the City of Gilroy to the Gilroy Unified School District. Bid-Pumper City Administrator Baksa presented recommendations to award the bid of HI- TECH Emergency Service, Inc. in the amount of$337,175.00 for one (1) HI- TECH GLADIATOR (MFD), 1500 Gallon Pumper. He distributed a picture of the proposed pumper. Motion was made by Councilman Morales, seconded by Councilman Sudol and carried that the bid by HI-TECH Emergency Service, Inc. in the amount of $337,175.00 be awarded for one (1) HI-TECH GLADIATOR (MFD), 1500 Gallon Pumper. 7.. " "7 ,.. ,: I :.:' Pub.Hearing Dev. Fees The Mayor stated it was the time and place scheduled for a continued Public Hearing on the proposed changes to the Development Impact Fee (Park Impact Fee) for the City of Gilroy. The staff report was noted and further eXplained by the City Administrator and the City Attorney. It was noted that a letter was received on December 21, 1998 with objections to the park impact fees and these objections are noted for the record. The Mayor opened the Public Hearing. The Mayor closed the Public Hearing. Res. 98-73 Motion was made by Councilman Sudol, seconded by Councilmember Arellano and carried that the reading of Resolution No. 98-73 be waived and that it be adopted. RESOLUTION NO. 98-73 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING THE DEVELOPMENT IMP ACT FEES (PARK IMP ACT FEES) CHARGED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. PASSED AND ADOPTED this 21st day of December, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: Ord.98-2I Motion was made by Councilmember Gifford, seconded by Councilman Morales and carried to adopt Ordinance No. 98-21 pre-zoning certain property Ml (Limited Industrial) described as APN 835-04-051, application Z 98-06, Paul Farmer and Kip Brundage, applicants. ORDINANCE NO. 98-21 An Ordinance of the City Council of the City of Gilroy pre-zoning certain property Ml (Limited Industrial) described as APN 835-04-051, application Z 98-06, Paul Farmer and Kip Brundage, applicants. PASSED AND ADOPTED this 21st day of December, 1998, by the following vote; AYES: COUNCILMEMBERS: GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: ARELLANO ABSENT: COUNCILMEMBERS: NONE Councilmember Arellano noted for the record that she voted against this request, because she considers this leapfrog development. City Adm. Salary The Mayor noted a recommendation to increase the City Administrator's Salary. Councilmembers discussed approving this salary adjustment for a two year period, to allow only a cost of living increase for the following year. Motion was made by Councilman Morales, seconded by Councilmember Arellano and carried (Councilmembers Gifford and Sudol voting no) to increase the City Administrator's salary to $114,492 per year. 7.. ') 7. (. L. I .J RD 96-02 The Mayor noted a request by Edith Huang to amend the previously approved Edith Huang Residential Development Ordinance (RDO) application RD 96-02. The staff report was noted and further explained by Planner I O'Brien. (Councilman Morales left the Council Chambers at 7:37 p.m. and returned at 7:39 p.m.) Darrell Leamon, Western Pacific Housing in Pleasanton, reviewed the request for amending the previously approved RDO application. (Mayor Gilroy left the Council Chambers at 8:07 p.m., and returned at 8:08 p.m.) Gloria Ballard, MH Engineering, responded to questions posed by Councilmembers regarding issues relating to this project. She distributed a letter from Cliff Johnson stating that townhouses would be an expensive venture for this site. She distributed a letter from Sherrel Kirk, area landowner, in favor of the request. Douglas Marshall, representing the Chappell Court area, spoke in favor of the request. The Mayor called for a ten minute recess to have the Gilroy High School Chamber Ensemble sing a selection of Christmas songs for the Council and citizens. Motion was made by Councilmember Gifford, seconded by Councilman Morales and carried (Councilmembers Arellano and Springer voting no) to amend the previously approved application RD 96-02, to include a condition that the duets be built at the same time as the single family homes. At 8:54 p.m., the Mayor called for a recess, after which he recalled the meeting to order. Bd./Com. The Mayor noted discussion for appointments of Board Members and Appointments Commissioners for terms expiring January 1, 1999 and Unexpired Vacancies. The following votes were ta11ied to fill vacancies on the various boards and COmmISSIOns: Arts & Culture Commission-Donna Pray - Unanimous Arts & Culture Commission-Fred Trujillo - Unanimous Library Commission-Everett Burchell- Unanimous Parks & Recreation Commission-John Ceballos - Unanimous Parks & Recreation Commission-Philip Buchanan - Unanimous Personnel Commission-Janis L. Howell - Unanimous Personnel Commission-Rosalinda B. Lopez - Unanimous Planning Commission-Al Pinheiro - Unanimous Planning Commission-David Co11ier - Councilmembers Arellano, Gilroy, Morales, and Rowlison Planning Commission-Ken Cooper - Councilmembers Springer and Sudol Planning Commission-Raul Sanchez - Councilmember Gifford Building Board of Appeals-John 1. Holson, Jr. - Unanimous Building Board of Appeals-Belinda Allen - Unanimous Physically Challenged Board of Appeals-Chuck Wear - Unanimous Motion was made by Councilman Springer, seconded by Councilman Morales and carried to appoint Donna R. Pray and Fred Trujillo to the Arts & Culture Commission. Motion was made by Councilwoman Rowlison, seconded by Councilman Morales and carried to appoint Everett Burchell to the Library Commission. 7. '.)-'"7 L I f Motion was made by Councilwoman Rowlison, seconded by Councilman Springer and carried to appoint John Ceballos and Philip Buchanan to the Parks and Recreation Commission. Motion was made by Councilman Sudol, seconded by Councilmember Arellano and carried to appoint Janis L. Howell and Rosalinda B. Lopez to the Personnel Commission. Motion was made by Councilman Morales, seconded by Councilmember Arellano and carried (Councilman Sudol voting no) to appoint Al Pinheiro and David C. Collier to the Planning Commission. Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to appoint John 1. Holson, Jr. and Belinda Allen to the Building Board of Appeals. Motion was made by Councilman Springer, seconded by Councilman Sudol and carried to appoint Chuck Wear to the Physically Challenged Board of Appeals. Home Depot The Mayor noted consideration of an Economic Incentive for Home Depot. Community Development Director Allen reviewed the request. Jeff Nichols, representing Home Depot, answered questions posed by Councilmembers. Francis Chu reviewed the site layout. Motion was made by Councilman Sudol, seconded by Councilman Springer and carried to approve the terms and direct staff to prepare an economic incentive agreement for Home Depot. Councilmember Arellano noted for the record that she is voting in favor of this request because it meets all the criteria for an economic incentive as noted in the adopted policy. Staples, Inc. The Mayor noted consideration of an Economic Incentive for Staples, Inc., and that the applicant has withdrawn the request. 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. South Valley The Mayor noted a letter from Pastor Richard Garcia regarding the possible Com. Church purchase of the South Valley Community Church facility. Maureen Upton, Coldwell Banker realtor, reviewed the request. Motion was made by Councilman Morales, seconded by Councilmember Arellano and carried (Councilmembers Gilroy, Springer, and Sudol voting no) to reagendize this issue on a future agenda for further discussion, after review of the Capital Improvement Budget. Councilman Sudol noted for the record that he voted no on this item, because he wants to wait to see what the General Plan Update Committee brings forth. The following information items were noted with no separate discussion on same: 7278 Plan. Com. 11-5-98 Plan. Com. 12-3-98 P&R Com. 11-17-98 A&C Com. 11-10-98 Customer Service: Note from Julie Franco complimenting Cathy Mirelez for a wonderful Victorian Christmas Tea; Letter of thanks from Marco S. Renella, Gilroy Tennis Club, to Bill Headley and Staff for ensuring that the lights at Las Animas Tennis courts were properly corrected; Letter from the California Coastal Commission thanking volunteers for help on Coastal Cleanup Day; Letter of thanks from Tamara Diamond, Program Director, Business Environmental Awards, to Teri Patane for assistance in judging; Letter from Chris Lundeen, California Water Environment Association, presenting Loida Osoteo with a Certificate of Appreciation for assisting in the Technical Certification Program upgrade; Memorandum commending Corporal Lara; Officers Marrazzo, Terasaki, and Morrow; Detectives Baty, Hansell, and Devlin; MSOs Locke-Paddon and Pestoni; CSOs Sheleman, Gutierrez, and Guerin; and Explorers Viale and Musquez for assistance in an investigation; and Letter of thanks from Captain Carey F. Sullivan, Morgan Hill Police Department, for Officers Kurt Svardal, Gilbert Gallo, Dan Zen, Chad Gallacinao, Dan Castaneda and Romeo Dekelaita in their Friday the 13th sweep. Informational items: General Plan Update Committee October 1998 Activity Report; Letter from Bill Lindsteadt, Executive Director, Gilroy Economic Development Corporation, noting that the Camino Arroyo Improvement District project is currently "on hold"; Letter from D. Bruce Shelton, Conductor, Amtrak/Caltrain, congratulating the City of Gilroy on the restoration of the Gilroy depot; Gilroy Visitors Bureau Advisory Council Minutes of November 12, 1998; Article from the San Jose Mercury News dated December 11, 1998 entitled Victory for open space group; Letter from Norman S. Allen, Community Development Director, to Nicolas Papadakis, AMBAG, requesting to review the Water Quality Management Plan for the Pajaro River Watershed; and Graffiti "Free" or "Sanctioned" Walls Vignettes from AllOver. The minutes of the Planning Commission meeting of November 5, 1998 were noted. The report of the Planning Commission meeting of December 3, 1998 was noted. The minutes of the Parks & Recreation Commission meeting of November 17, 1998 were noted. The minutes ofthe Arts and Culture Commission meeting of November 10, 1998 were noted. Lib.Com. 11-18-98 Sr.Adv.Bd. 11-16-98 Adjrnmt. 7.. '>/ 9 <.- ~ . The minutes of the Library Commission meeting of November 18, 1998 were noted. The minutes of the Senior Advisory Board meeting of November 16, 1998 were noted. The City Administrator distributed a time schedule for the City of Gilroy Public Facilities Financing Authority for refunding assessment district revenue bonds. He requested Councilmembers purchase Wel1ness Committee 1999 Calendars. He asked for issues relating to the Council retreat, and gave an update on the work plan on graffiti removal. The Mayor noted the 90 day City Council calendar, a list of upcoming meetings. He noted a neighborhood meeting held last week for the Ninth and Eigleberry neighborhood. He stated that last Tuesday and Wednesday, the Gilroy High School and Brownell choirs held a performance, and also on December 10th, the Gilroy High School Chamber Ensemble gave a performance at the Santa Clara County Cities Association dinner. He stated that on behalf of the Council, he wished everyone a Merry Christmas and a Happy New Year. Councilwoman Rowlison stated that the committee is getting close to finishing the General Plan revision. She noted that she attended the Gilroy Col1aborative meeting, stating that the YWCA Transitions project is coming into Gilroy. Councilman Morales wished everyone a Merry Christmas, and noted that there are organizations in need of help in Gilroy during this season. Councilman Sudol noted the same sentiments as Councilman Morales. Councilmember Gifford questioned the time of the January 11 th meeting, whether it is at 7:00 p.m. or 7:30 p.m., and staff noted that someone will fol1ow-up on that for her. She requested that the Friday night dinner for the Council Retreat be moved to Saturday night due to a conflict, and Councilmembers concurred. Councilmember Arel1ano wished Seasons Greetings to everyone, including those in the armed services, and requested everyone keep the homeless in mind. Councilman Springer echoed what his col1eagues have said, noting that this is a time for sharing and giving. He noted the Avoid the 13 Campaign and requested everyone to be careful. The Mayor noted the fol1owing meetings/events: 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 Hil1 Park, 7049 Mil1er Avenue, Gilroy, California (timing changed for January 8th to end at 5:00 p.m. and January 9th to include dinner off site from 5:00 p.m. to 7:00 p.m.). 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 10:05 p.m. the Mayor adjourned the meeting. Respectful!y submitted, ~d .' (---, ~. '1~ ~U'--tA~ /s/ Rll8NDA PELLIN City Cte1k