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