Minutes 1999/03/01
Invocation
Posting
Agenda
Roll Call
New
Employee
Vol. Award
7.,.
.)
Regular Meeting
March 1, 1999
Gilroy, California
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 February 25, 1999
at 11:18 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 introduced new employee Geoffrey Guerin, Police Officer, Police
Department.
The Mayor presented the Volunteer of the Month of February, 1999 Award
to David Murphy.
Proc.-Renaissance The Mayor presented a proclamation to Wendy Gudalewicz and Emily Robb
Academic for Renaissance Academic Excellence Week - March 1-5, 1999.
Excellence Week
Proc.- Peace
Corps Day
Consent
Calendar
Budget
Minutes
Claims
Econ.Inc.-
Home Depot
Res. 99-17
The Mayor presented a proclamation to Dr. Joseph W. Kraut, Jr. for Peace
Corps Day - March 2, 1999.
(At 7: 13 p.m. Councilwoman Rowlison left the Council Chambers, and
returned at 7: 17 p.m.)
Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried that the following items under the Consent Calendar be approved
removing Item C. re: Resolution regarding imposition of a special assessment lien
for the costs of the public nuisance abatement for 8605 Murray Avenue, Gilroy, by
the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano,
Lisabeth A. Gifford, Charles S. Morales, Thomas W. Springer, Anthony C. Sudol
III, and K. A. Mike Gilroy; Absent: Councilmember: Suellen C. Rowlison:
Budget Amendments/Transfers as recommended;
Minutes ofthe Regular Council Meeting of February 16, 1999;
Denied claims of Linda Heffner; Aurora Perez; and Ruben & Victoria
Vasquez;
Economic Incentive Agreement for The Home Depot;
Adopted Resolution No. 99-17 of the City Council of the City of Gilroy
Initiating proceedings for the annual levy of assessments for Maintenance District
No.1, Fiscal Year 1999/2000;
RESOLUTIONy NO. 99-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INlTIATING PROCEEDINGS FOR THE ANNUAL LEVY OF
ASSESSMENTS FOR MAINTENANCE DISTRICT NO.1, FISCAL YEAR
1999/2000.
PASSED AND ADOPTED this 1st day of March, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ROWLISON
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Res. 99-18 Adopted Resolution No. 99-18 of the City of Gilroy consenting to the issuance
by the South County Regional Wastewater Authority of bonds for the refinancing
of the City's share of the Regional Wastewater Facilities Project;
RESOLUTION NO. 99-18
A RESOLUTION OF THE CITY OF GILROY CONSENTING TO THE
ISSUANCE BY THE SOUTH COUNTY REGIONAL WASTEWATER
AUTHORITY OF BONDS FOR THE REFINANCING OF THE CITY'S SHARE
OF THE REGIONAL WASTEWATER FACILITIES PROJECT.
PASSED AND ADOPTED this 1st day of March, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ROWLISON
Carnival
Approved a Spring Festival/Carnival at the Odd Fellows and Rebekahs
Children's Home at 290 IOOF Avenue; and
John Vlahos
Approved Settlement Agreement and Mutual Release by and between the City
of Gilroy and John Vlahos for property located at 8495 Murray Avenue, Gilroy,
California, APN 835-01-04.
Plan. Com.
Report
Kai Lai, Planning Commission Chairman, gave a summary of the activities of
the Planning Commission for the past year, and noted upcoming actions.
Pub. Hearing
Comp.Fee
Schedule
The Mayor stated that it was the time and place scheduled for a Public Hearing
to Consider Revisions and Adjustments to the Comprehensive Fee Schedule.
The City Administrator reviewed the proposed fees.
Councilman Springer questioned the golf course fees, and it was noted that
they will be reviewed to see ifthere was a typo.
The Mayor opened the Public Hearing.
The Mayor closed the Public Hearing.
Res. 99-19 Motion was made by Councilman Morales, seconded by Councilmember
Arellano and carried that the reading of Resolution No. 99-19 be waived and that
it be adopted.
RESOLUTION NO. 99-19
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING
THE COMPREHENSIVE SCHEDULE OF FEES CHARGED BY ALL
DEPARTMENTS OF THE CITY.
PASSED AND ADOPTED this 1st day of March, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Plan. Com. The Mayor noted the need for an appointment of a member to the Planning
Commission.
The following votes were tallied to fill the vacancy on the commission:
Belinda Allen - Councilmembers Arellano, Gifford, Rowlison, and Gilroy
John Ceballos - Councilmembers Morales, Springer and Sudol
Motion was made by Councilmember Gifford, seconded by Councilmember
Arellano and carried (Councilmen Morales, Springer, and Sudol voting no) to
appoint Belinda Allen to the Planning Commission.
TM 95-06
Res. 99-20
Z 98-08
MACSA
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Councilman Morales stated that he would like to have a diversity of locations
in the community where Planning Commissioners reside.
Councilman Springer echoed Councilman Morales' statement, that it would be
a better reflection with a balance of residential areas.
The Mayor noted a Resolution of the City Council of the City of Gilroy
approving TM 95-06, a Tentative Map with 87 residential lots on approximately
61 acres located at the westerly terminus ofMantelli Drive, north of Country
Drive, a portion of APN 783-47-001.
Councilmember Gifford recused herself from voting on this issue and stepped
down from the dais.
Councilman Sudol stated that he is voting no on the project, because the road
is not required, but noted that he is in favor of the project.
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried that the reading of Resolution No. 99-20 be waived and that it be
adopted.
RESOLUTION NO. 99-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 95-06, A TENTATIVE MAP WITH 87 RESIDENTIAL
LOTS ON APPROXIMATELY 61 ACRES LOCATED AT THE WESTERLY
TERMINUS OF MANTELLI DRIVE, NORTH OF COUNTRY DRIVE, A
PORTION OF APN 783-47-001.
PASSED AND ADOPTED this 1st day of March, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, MORALES, ROWLISON,
SPRINGER, and GILROY
NOES: COUNCILMEMBERS: SUDOL
ABSENT: COUNCILMEMBERS: GIFFORD
Councilmember Gifford returned to her seat at the dais.
The City Attorney explained that if Councilmembers need to state why they
voted a specific way, it must be done after the voting has been completed.
The Mayor noted an Ordinance of the City Council of the City of Gilroy
approving an application for a change in the zoning designation from R3, Medium
Density Residential, to R3-PUD, Medium Density Residential-Planned Unit
Development, on approximately 1.11 acres, APN 841-12-053, Z 98-08, Robert
Martinez, applicant.
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 Morales
and carried to introduce the Ordinance approving the rezoning.
Councilman Springer stated his concerns with the need for a variance to allow
the applicant to construct the last unit to complete the project, which would be for
the convenience of the neighborhood.
The Mayor noted a request for a City of Gilroy letter of support for a Gilroy
MACSA Youth Center Grant and Conceptual Joint Venture.
The City Administrator explained the request.
Olivia Soza-Mendiola, Trenton Place, reviewed the request. She stated that
the State wants the non-profit agency to purchase the land and construct the
building.
711 l 1
,) I' ,+
Maria Elena de la Garza explained the partnerships they are looking at besides
the City of Gilroy.
Councilman Morales welcomed Esther Medina, Executive Director of
MACSA, for her presence tonight.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried to send a letter of support.
(At 8:26 p.m. Councilman Morales left the Council Chambers and returned at
8:28 p.m.)
(At 8:27 p.m. Councilmember Arellano left the Council Chambers and returned
at 8:30 p.m.)
TIF Reimb. The Mayor noted an appeal regarding the Community Development staff
decision on Longmeadow/Santa Teresa Signal/Street Improvements, Traffic
Impact Fee Reimbursement.
City Engineer Smelser reviewed the request, and answered questioned posed
by Councilmembers.
The City Attorney noted that there were five tentative maps that had the TIF
condition attached as part of the tentative map. She noted that on two of the
tentative maps, the requirement was also part of the mitigated negative declaration
mitigation measures. She noted a statutory issue that reimbursement can only be
for the long term construction. She discussed the fee reimbursement schedule.
(At 9:03 p. m. Councilmember Gifford left the Council Chambers and returned
at 9:07 p.m.)
John Filice, representing the participants in the process, stated concerns with
the entire TIF process. He stated a mechanism is needed to determine the true
cost and spread it out among the developers. He stated the TIF procedure needs
to be modified.
(At 9:22 p. m. Councilwoman Rowlison left the Council Chambers, and
returned at 9:26 p.m.)
(At 9:28 p.m. Councilman Sudol left the Council Chambers, and returned at
9:30 p.m.)
Motion was made by Councilmember Gifford, seconded by Councilwoman
Rowlison and carried to accept staff recommendation to reimburse $245,505.95.
At 9:38 p.m., the Mayor called for a 10 minute recess, after which he recalled
the meeting to order.
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.
Councilmember Gifford requested a presentation from Linda Kimbal, Falcon
Cable TV. Since no other Councilmember was interested in a public presentation,
the City Administrator stated that he would have Ms. Kimbal call Councilmember
Gifford to review their process.
Councilman Springer noted the outstanding work by the Gilroy Police
Department in solving auto burglaries.
The following information items were noted with no separate discussion on
same:
Legislation:
731 ~)
League of California Cities Legislative Bulletin #6-1999 dated February 11,
1999;
League of California Cities Legislative Bulletin #7-1999 dated February 19,
1999;
Letter from Assemblymember Keeley regarding Pajaro River Watershed; and
Letter to Governor Gray Davis regarding MTBE.
Customer Service:
Memorandum of Commendation from Chief Giusiana to Sergeant Sheedy;
Corporals Georges and Johnson; and Officers Madruga, Pacheco, Kadluboski,
Quinones, Hernandez, and Devlin; MSO Locke-Paddon; CSO Sheleman; and
Reserve Officer Charnota for their assistance in multiple auto burglary arrests;
Letter of congratulations from Senator McPherson to Jay Baksa on his award
from the California State Parks and Recreation Society;
Internet e-mail from Chris Cook complimenting the City of Gilroy on their
helpful web site;
Letter of thanks from Jim Bower to Mayor Gilroy for allowing him to facilitate
the Council retreat;
Memorandum of appreciation from Chief Giusiana to ACT Team: Acting Sgt.
Castaneda; Officers Zen, Dekelaita, Romero, Gallacinao and Kadluboski for their
assistance with the undercover school buy program at San Benito High School;
and
Article in the San Jose Mercury News dated February 12, 1999 by Leigh
Weimers acknowledging Jay Baksa's award from the California State Parks and
Recreation Society.
Informational items:
Memorandum from Jim McCann regarding Falcon Cable Customer Service
Phone Reports - abandoned calls;
Community Development Department - Planning Division MontWy Report of
Long-Range Applications and status ofRDO allocation & activity dated February
19, 1999;
Gilroy Visitors Bureau Advisory Council minutes of December 10, 1998 and
January 14, 1999; balance sheets of October 31, 1998 (corrected copy),
November 30, 1998, and December 31, 1998;
Letter from the U.S. Department of Housing and Urban Development
regarding Annual Community Assessment for Fiscal Year 1997 for the City of
Gilroy;
Letter from the Santa Clara County Board of Supervisors announcing the new
Chairperson for 1999 is Pete McHugh, and the Chairperson Pro Tempore is
Donald F. Gage;
Letter from the United States Environmental Protection Agency Region IX
encouraging nominations for the Environmental Awards Program;
Gilroy Economic Development Corporation Minutes of January 22, 1999; and
Letter from the Public Health Department regarding the Enhanced EMT - I
Practice Trial Study.
7316
Phys. Chall.
1-19-99
1-28-99
SCRWA
1-12-99
2-9-99
Sunrise Drive
Eminent
Domain
Cardroom
Ordinance
The minutes of the Physically Challenged Board of Appeals meetings of
January 19, 1999 and January 28, 1999 were noted.
The minutes of the South County Regional Wastewater Authority meetings of
January 12, 1999 and February 9, 1999 were noted.
The City Administrator questioned whether the Council could meet with the
Gilroy Unified School District on April 14, 1999 at 7:00 p.m. at the GUSD Board
Room, and Council concurred. He stated that the first Citizens Police Academy
will start soon, and that there are 21 slots. He stated that if anyone is interested,
they should contact the Police Department at 846-0310. He noted that the
Planning Commission asked to deal with the Santa Teresa issue, and want another
month to make a recommendation on the Capital Improvement Budget. He stated
that if any Councilmember has any input on the Youth Commission, they need to
get it to him. He distributed the Final Benefit regarding the 1999 Refunding
Revenue Bonds, noting there was an additional $100,000 more in savings. He
distributed a copy of the MTC grant for Livable Communities. He distributed the
final resolution from last Monday's NRS meeting. He distributed a booklet that
Councilmember Arellano received regarding how bonds are issued.
The Mayor noted a request for the City Council to authorize the hiring of the
firm ofMatteoni, Saxe & Nanda to act under the direction of the City Attorney
representing the City of Gilroy, with all fees and costs to be paid by Arcadia
Development Company, to commence eminent domain proceedings regarding
Sunrise Drive.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to authorize the hiring of the firm ofMatteoni, Saxe & Nanda to act under
the direction of the City Attorney representing the City of Gilroy, with all fees and
costs to be paid by Arcadia Development Company, to commence eminent domain
proceedings regarding Sunrise Drive.
The Mayor noted a consideration of amendments to the Gilroy Cardroom
Ordinance due to new State laws.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried to direct staff to prepare amendments to the ordinance
regarding hours of operation and safety/security.
Lien Procedure The Mayor noted a memorandum regarding the garbage collection service lien
Garbage procedure available to the City of Gilroy.
Service
The City Attorney stated that the City would need to amend the franchise
agreement as well as the ordinance.
The City Administrator gave an update on a meeting held with the Mayor,
South Valley Disposal and recycling and the Tri-County Apartment Association
regarding this issue.
John Nicoletti, General Manager South Valley Disposal and Recycling, noted
that it costs about $100 per lien filing.
The City Administrator stated that staff will do an analysis of the cost, and
whether the City needs to increase the Administrative fee.
Motion was made by Councilman Morales, seconded by Councilmember
Arellano and carried to direct staff to prepare an ordinance regarding the garbage
collection service lien procedure.
The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings. He invited everyone to the St. Joseph's fundraiser on March 20, 1999
and asked Councilmembers to assist in serving.
Adjrnmt.
7 ~ 7.
y
Councilmember Arellano stated that she attended a Library JP A meeting on
February 25 and that they reconsidered that the Citizens Advisory Committee
(CAC) would be responsible to set 2 or 4 meetings and that it would be up to the
CAC to set those meetings. She stated that she will be attending a leadership
training through September that will culminate in Washington D.C.
Councilmember Gifford publicly congratulated Jeff Garcia for signing with the
San Francisco 4gers. She noted that she has requested that we present him with a
proclamation upon his return from Canada. She questioned whether the City of
Gilroy is going to do anything with the letter from the American Lung Association
request to adopt an ordinance controlling the construction of wood fireplaces in
new homes. Councilmember Arellano requested that this be placed on a future
agenda. She requested, but there was no consensus by the Council, to direct the
City Administrator to have staff research recouping the $600,000 spent on the new
golf course.
Councilman Sudol stated that the General Plan Update Committee received a
copy of the preliminary draft and comments were due today. He questioned where
we are on the graffiti project. He noted the self-storage eyesore north of Gilroy
and volunteered to talk to the owners.
Councilwoman Rowlison stated that the members of the General Plan Update
Committee are concerned that too much information and decisions are being made
at the end of the process. She noted the benefit assessments for the water district
and public meetings on March 4 and April 1 regarding property tax. She stated
that she has tickets for Man of La Mancha at Gavilan College as a fundraiser to
upgrade the Gavilan Theater. She requested an update on the Depot and Old City
Hall, and the City Administrator stated that he will write a memo on them. She
noted the hazard at Highway 101 at Castro Valley Road, and stated that only right
hand turns onto Highway 101 should be considered.
Councilmember Arellano requested the City Administrator check with the Fire
Department on the millennium celebration fireworks issue, and was told that
Council will get an update on that and making the hillsides a "no fireworks" zone.
Councilwoman Rowlison questioned if anyone knows of any agency that wants
to celebrate the millennium.
The Mayor noted the following meetings/events:
Study Session - March 8, 1999, 7:00 p.m., Gilroy Senior Center, 7371 Hanna
Street, Gilroy, California, to discuss the November bond issue;
Study Session - March 22, 1999, 7:00 p.m., Gilroy Senior Center, 7371 Hanna
Street, Gilroy, California, to discuss the November bond issue; and
Study Session - March 29, 1999, 7:00 p.m., Gilroy Senior Center, 7371 Hanna
Street, Gilroy, California, to discuss the November bond issue.
At 11: 19 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
J~A
/s/ RHONDA PELLIN
City Clerk