Minutes 1999/04/05
The Mayor introduced new employees Patricia Pichardo, Account Clerk I,
Finance Division, Administrative Services Department and Angelita Rubio, Clerk
Typist I, Community Services Department.
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 City Clerk noted that the Agenda had ,been posted on April 1, 1999
at 11:45 a.m.
Pastor Don Pitts, CityTeam Ministries, gave the Invocation.
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
April 5, 1999
Gilroy, California
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New
Employees
Roll Call
Posting
Agenda
Invocation
l
7330
Mayor Ron
Gonzales
A presentation was made by Mayor Ron Gonzales, City of San Jose,
California, noting that he looks forward to working with the City of Gilroy on
issues that involve both cities, and invited the Council to the League of California
Cities Conference in October to be held in San Jose.
Proc.-American The Mayor noted a proclamation for American Red Cross Month - March,
Red Cross 1999, which was previously mailed to the American Red Cross.
Month
Consent
Calendar
Budget
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried that the following items under the Consent Calendar be
approved, removing Item G. Resolution regarding Safe and Sane Fireworks (to be
moved to New Business), Item A3. Budget Amendment for Human Resources
Division, and Item Q. Lease for the Train Depot, by the following Roll Call Vote:
Ayes: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles S.
Morales, Suellen C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and K.
A. Mike Gilroy:
Budget Amendments/Transfers as recommended, removing Item A3;
Minutes Minutes of the Regular Council Meeting of March 15, 1999;
Hanna & 2nd Sts. Accepted completion of Hanna Street & Second Street Waterlines and Santa
Waterlines & Teresa Utility Improvements, Project No. 97-CDD-487, Pacific Underground
Santa Teresa Construction;
Utility Impr.
Gavilan College Accepted completion of Gavilan College Wastewater Pump Station, Project
Wastewater No. 97-CDD-493, Conco West, Inc.;
Pump Station
Ord.99-03 Adopted Ordinance No. 99-03 authorizing an amendment to the contract
between the City Council of the City of Gilroy and the Board of Administration of
the California Public Employees' Retirement System;
Res. 99-28
ORDINANCE NO. 99-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE
CITY COUNCIL OF THE CITY OF GILROY AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM.
PASSED AND ADOPTED this 5th day of April, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Adopted Resolution No. 99-28 declaring certain weeds growing in the City of
Gilroy to be a public nuisance, describing weeds which constitute such nuisance
and providing for giving notice of the adoption of the resolution by publication
thereof;
RESOLUTION NO. 99-28
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO
BE A PUBLIC NUISANCE, DESCRIBING WEEDS WHICH CONSTITUTE
SUCH NUISANCE AND PROVIDING FOR GIVING NOTICE OF THE
ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF.
PASSED AND ADOPTED this 5th day of April, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Claims
Denied claims of Rita Gonzales, Virginia Previtt, and Mike Santos;
Tract #8945 Accepted completion of Tract 8945, Kaufman and Broad;
Kaufman & Broad
Prop.Imp.Agr. Property Improvement Agreement No. 99-08, Gilroy Cinemas, APN 799-33-
No. 99-08, 042, K & S Market, Inc., A California Corporation;
Gilroy Cinemas
Prop.Imp.Agr. Property Improvement Agreement No. 97-82 and Tract No. 9034, APN 783-
No. 97-82, 20-016, Lands ofChun-Li-Cheng, AKA Charles Cheng;
Tract #9034,
Cheng
Prop.Imp.Agr. Property Improvement Agreement No. 99-11, and Parcel Map for Home
No. 99-11, Depot U.S.A, Inc. a Delaware Corporation, 8850 San Ysidro Avenue, APNs 835-
Home Depot 04-019,047,048,049 & 050;
Prop.Imp.Agr. Property Improvement Agreement No. 99-07 and Tract Map No. 9113,
No. 99-07, Vent ana at Los Arroyos, The Old Orchard Co., a California Corporation, DBA
Tract #9113 Orchard Valley Communities;
Orchard Valley
Prop.Imp.Agr. Property Improvement Agreement No. 99-09 and Parcel Map, 760 Mesa
No. 99-09, Road, APN 810-29-009, Overseer, L.L.c.;
Overseer,LLC
Prop.Imp.Agr. Property Improvement Agreement No. 99-06, Tract No. 9121, Lawrence Park,
No. 99-06, APNs 790-19-085 & 790-20-075, Custom One, Inc., a California Corporation;
Tract #9121
Custom One,Inc.
Prop.Imp.Agr. Property Improvement Agreement No. 99-16, Tract 8965, Phase 2B, Eagle
No.99-15&16 Ridge, AP.N.s 810-22-010,810-41-003,841-44-005,006 & 007, Eagle Ridge
Tract 8964 & Development Company, LLC; and Property Improvement Agreement No. 99-15,
Tract 8965 Tract 8964, Eagle Ridge, AP.N. 810-46-016, Eagle Ridge Development
Eagle Ridge Company, LLC;
Res. 99-29 Adopted Resolution No. 99-29 approving TM 98-12, a Tentative Map with
nineteen industrial lots on approximately 20.4 acres located on the west side of
Forest Street, at the terminus of Yamane Drive, APNs 835-01-056, 835-02-053
and 835-02-054, Robert Kishimura and Albert Fortino, applicants;
RESOLUTION NO. 99-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 98-12, A TENTATIVE MAP WITH NINETEEN
INDUSTRIAL LOTS ON APPROXIMATELY 20.4 ACRES LOCATED ON
THE WEST SIDE OF FOREST STREET, AT THE TERMINUS OF YAMANE
DRIVE, APNS 835-01-056, 835-02-053 AND 835-02-054, ROBERT
KISHIMURA AND ALBERT FORTINO, APPLICANTS.
PASSED AND ADOPTED this 5th day of April, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 99-30 Adopted Resolution No. 99-30 ordering the reorganization of a contiguous
parcel totaling approximately 18.68 acres to the City of Gilroy and detachment
from South Santa Clara County Fire District and Santa Clara County Open Space
Authority, Gilroy Unified School District, applicant, A 98-02.
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RESOLUTION NO. 99-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ORDERING THE REORGANIZATION OF A CONTIGUOUS PARCEL
TOTALING APPROXIMATELY 18.68 ACRES TO THE CITY OF GILROY
AND DET ACHMENT FROM SOUTH SANT A CLARA COUNTY FIRE
DISTRICT AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY,
GILROY UNIFIED SCHOOL DISTRICT, APPLICANT, A 98-02.
PASSED AND ADOPTED this 5th day of April, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 99-31 Adopted Resolution No. 99-31 declaring its intention to levy annual
assessments for Maintenance District No.1, Fiscal Year 1999/2000 and setting a
Public Hearing thereon.
RESOLUTION NO. 99-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR
MAINTENANCE DISTRICT NO.1, FISCAL YEAR 1999/2000 AND
SETTING A PUBLIC HEARING THEREON.
PASSED AND ADOPTED this 5th day of April, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
After Council discussion, motion was made by Councilman Springer, seconded
by Councilmember Arellano and carried to approve the following two items:
Budget Budget Amendments/Transfers as recommended for Item A3.
Train Depot Authorized execution of a lease with Sylvia and Ruben Centeno for the Gilroy
Train Depot.
Chuck Wear, Chairman, Physically Challenged Board of Appeals, commented
on the work done at Christmas Hill Park, noting problems still at the Museum and
the Train Depot. He stated that the Appeals Board would like to have more input
in the development stage of projects.
Pub.Hearing The Mayor stated it was the time and place scheduled for a Public Hearing on
CDBG Funds the 1999-2000 Program Year Community Development Block Grant Program
Year Funding Allocation.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing.
The Mayor closed the Public Hearing.
Motion was made by Councilmember Arellano, seconded by Councilman
Morales and the next motion was interjected prior to a vote being taken to adopt
Staff recommendations.
Motion was made by Councilman Springer, seconded by Councilmember
Gifford and the motion did not carry (Councilmembers Arellano, Morales,
Rowlison, and Gilroy voting no) to divide the motion.
The previous motion made by Councilmember Arellano, seconded by
Councilman Morales carried (Councilmembers Gifford, Springer, and Sudol voting
no) to adopt Staff recommendations.
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Councilmembers Springer and Sudol stated they voted no on the motion
specifically on the Neighborhood Revitalization Strategy (NRS). Councilmember
Gifford stated that she is against wasting taxpayers' money on the NRS.
Councilman Morales stated that it will be good for the community.
Fireworks
The Mayor noted an Ordinance of the City Council of the City of Gilroy
amending Section Eleven of Chapter lOA of the Gilroy City Code regulating the
sale, use and storage of safe and sane fireworks.
The staff report was noted and further explained by the City Administrator.
Fire Chief Gillespie answered questions posed by Councilman Springer.
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 Councilmember
Arellano and carried to introduce the Ordinance amending Section Eleven of
Chapter lOA of the Gilroy City Code regulating the sale, use and storage of safe
and sane fireworks.
Res. 99-32
Motion was made by Councilmember Arellano, seconded by Councilman
Morales and carried to adopt Resolution No. 99-32 allowing the sale and use of
safe and sane fireworks for the Year 2000 celebration pursuant to Section 12599.5
of the Health and Safety Code of the State of California;
RESOLUTION NO. 99-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ALLOWING THE SALE AND USE OF SAFE AND SANE FIREWORKS FOR
THE YEAR 2000 CELEBRATION PURSUANT TO SECTION 12599.5 OF
THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA.
PASSED AND ADOPTED this 5th day of April, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Cardrooms The Mayor noted an Ordinance of the City Council of the City of Gilroy,
California, amending City Code Section 16.6-1 et seq., setting forth regulations
regarding cardrooms.
The staff report was noted and further explained by City Attorney Call on.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried to read the Ordinance by title only and waive further reading
ofthe Ordinance. The City Clerk read the Ordinance by title only.
Motion w-a'S( made r by Councilwoman Rowlison, seconded by Councilman
Morales and carrt~d to introduce the Ordinance amending City Code Section
16.6-1 et seq., setting forth regulations regarding cardrooms.
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 letter of opposition be written regarding
AB 915 (VLF/Gas Taxes). She requested a general support letter be written for
AB 1482 (Animal Control). She requested a letter of support for return ofERAF
money, and it was stated that letters have already been sent on that.
Councilman Springer requested letters be sent on AB 276, and it was noted
that staff is already working on this, and copies will be given to the Council.
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(Councilman Morales left the Council Chambers at 8:15 p.m., and returned at
8: 17 p.m.)
The following information items were noted with no separate discussion on
same:
Legislation:
Letter from the City of Gilroy requesting support of AB 236 which would
grant forgiveness of property tax revenues over-apportioned due to ERAF shift
calculation and AB 8 allocation errors;
League of California Cities Legislative Bulletin # 1 0-1999 dated March 12,
1999;
League of California Cities Legislative Bulletin # 11-1999 dated March 19,
1999; and
League of California Cities Legislative Bulletin #12-1999 dated March 26,
1999.
General Plan Update:
General Plan Update Committee February 1999 Activity Report.
Customer Service:
Letter of thanks from Bill Lindsteadt, Gilroy Economic Development
Corporation, to Jay Baksa for attending the 3rd annual Corporate Partnership
Luncheon;
Letter of thanks from Julie C. Paisant, City of Salinas, to Captain Lanny Brown
for his assistance serving as an evaluator for the position of Police Lieutenant;
Letter of thanks from Judy Mireles-Janisch, Gavilan Special Olympics, to
Police Chief Giusiana, Sgt. Morales, Cpl. Flippo, Officer Devlin, Supervisor
Ynzunza, and CSO Sheleman for their assistance with a fundraiser; and
E-mail from Fire Chief Gillespie commending Captain McHenry, Captain
Horta and their crews for an outstanding vehicle extrication.
Informational items:
Letter of thanks from the City of Gilroy to Las Madres Council of Gilroy for
donating the money to purchase play equipment for Miller Park;
Article from (e]commerce by Ciaran Ryan entitled Bermuda's Digital
Revolution;
County of Santa Clara Probation Department, Restorative Justice Project,
Status Report November 1997 to February 23, 1999;
City of Gilroy Investment Report February 1999;
Community Development Department - Planning Division MontWy Report of
Long-Range Applications and Status of RDO Allocation & Activity dated March
19, 1999;
Letter from the City of Gilroy to CalTrans District 4 to request investigation of
the accident problem at the intersection of SR 101 and Castro Valley Road south
of Gilroy;
Letter from Lani Yoshimura, Gilroy Public Library, announcing that the Santa
Clara County Library has been named one of America's best public libraries;
A& C Com.
2-5-99
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j ,))
Memorandum from the Santa Clara Valley Transportation Authority noting
several vacancies on advisory committees;
Santa Clara County Cities Association Legislative Task Force Minutes of
February 25, 1999 and Agenda of March 25, 1999;
Gilroy Visitors Bureau Advisory Council minutes of March 11, 1999 and
Chamber of Commerce & Visitors Bureau Balance Sheet as of February 28, 1999;
and
Letter of thanks and appreciation from Lisa DeSilva, Community Solutions, for
the recent CDBG grant recently awarded to her organization.
The minutes of the Arts and Culture Commission meeting of February 5, 1999
were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of February 2, 1999 were
2-2-99 noted.
Lib. Com.
2-17-99
P&RCom.
2-16-99
Plan. Com.
2-4-99
3-4-99
The minutes of the Library Commission meeting of February 17, 1999 were
noted.
The minutes of the Parks & Recreation Commission meeting of February 16,
1999 were noted.
The minutes of the Planning Commission meeting of February 4, 1999 and
report of the Planning Commission meeting of March 4, 1999 were noted.
Phys.Chall.Bd. The minutes of the Physically Challenged Board of Appeals meeting of
2-16-99 February 16, 1999 were noted.
SCRWA
2-9-99
2-23-99
The minutes of the South County Regional Wastewater Authority meeting of
February 9, 1999 (corrected) and February 23, 1999 were noted.
The City Administrator noted a meeting for next Monday on the ballot issue.
He requested a City Council outreach, live call-in session on June 14. He stated
that the City closed today on the Howson property near Uvas and Third Street.
He noted that he needs to talk with Councilmember Arellano on the Library JP A.
The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings.
Councilwoman Rowlison noted that the General Plan Update Committee
added some extra meetings to finalize the process. She noted the schedule of
neighborhood meetings.
Councilman Morales stated that he attended a meeting of the Santa Clara
County Agriculture Conservation Easement Acquisition Task Force, noting that
they agreed that agriculture is important for this area.
Councilman Sudol stated that he watched the Planning Commission meeting,
noting that they did not have all the information to make their decision. He stated
that the commissions are not a rubber stamp.
Councilmember Gifford thanked staff for the dividers in the binders. She
requested a resolution be sent regarding the increase in 411 charges. It was not a
consensus of the Council to do this, but the Mayor noted that she could send a
letter herself, and Councilman Springer stated that he would sign it with her.
Councilmember Arellano questioned whether anyone else is going to the Bay
Area Community Briefing on Small Businesses, and it was noted that no one else
will be attending. She stated that she will be in Sacramento for the next couple of
days talking to legislators.
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Adjrnmt.
Councilman Springer stated that he attended the VT A CalTrain Policy
Advisory Board organizational meeting. He noted the planned operations under
VT A's proposed budget, including improved CalTrain service.
The Mayor noted the following meetings/events:
Study Session - April 12, 1999, 7:00 p.m., Gilroy Senior Center, 7371 Hanna
Street, Gilroy, California, to discuss the November ballot issue.
South County Regional Wastewater Authority Regular Meeting - April 13,
1999, 7:30 a.m., Wastewater Treatment Facility Administration Building, 1500
Southside Drive, Gilroy, California.
Joint Workshop - City Council and Gilroy Unified School District Board of
Education, April 14, 1999,6:30 p.m., Gilroy Unified School District Board Room,
7810 Arroyo Circle, Gilroy, California.
Study Session - April 26, 1999, 7:00 p.m., Gilroy Senior Center, 7371 Hanna
Street, Gilroy, California, to discuss the November ballot issue.
South County Regional Wastewater Authority Regular Meeting - April 27,
1999, 7:30 a.m., Wastewater Treatment Facility Administration Building, 1500
Southside Drive, Gilroy, California.
At 8:48 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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l~ti/7l~ AAf.1.v
/s/ RHONDA PELLIN
City Clerk