Minutes 1999/09/07
7398
Invocation
Posting
Roll Call
Regular Meeting
September 7, 1999
Gilroy, California
The Mayor announced that the Council had adjourned from a Closed Session
regarding Conference with Labor Negotiator, pursuant to Government Code
Section 54957.6 and that no action had been taken.
He announced that the Council had held a study session on a presentation by
William M. Capps, Santa Clara Valley Transportation Authority regarding the
future of the bus routing in the City of Gilroy.
The American Legion Post #217 presented the Mayor and Council with an
American Flag that flew over the United States Capitol on August 12, 1999 and
the Mayor led the Pledge of Allegiance to the Flag.
Pastor Richard Garcia, South Valley Community Church, gave the Invocation.
The City Clerk noted that the Agenda had been posted on September 2, 1999
Agenda at 11:58 a.m.
Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles
S. Morales, Suellen C. Rowlison (arrived at 7:08 p.m.), Thomas W. Springer, and
K. A. Mike Gilroy; Absent; Councilmember Anthony C. Sudol III - 7:03 p.m.
New
Employees
The Mayor introduced new employees Maxine Bermudez, Human Resou~~ ':J ')
Clerk I, Administrative Services Department; Robert Locke-Paddon, Police '
Officer, Police Department; and Nita Basham, Clerk Typist I, Police Department.
Proc. -Celebrate The Mayor noted a proclamation for Celebrate the Century Express Day -
Century August 14, 1999, which was previously presented.
Measure B
Restorative
Justice Proj.
Emp. Award
Vol. Award
The Mayor noted a presentation by Supervisor Donald F. Gage of a check for
Measure B funds for $1,416,112.
The Mayor noted an update by Rafael de la Cruz, Gilroy Community
Coordinator, who distributed orientation packets on the Restorative Justice
Project.
The Mayor presented the Employee Award for the Month of July, 1999, to
Loida Osoteo, Chemical Control Specialist, Building Life and Environmental
Safety Division, Community Development Department.
The Mayor presented the Volunteers of the Month of July, 1999 Award to
the Forest Street Neighborhood Association.
Proc.Mexican The Mayor noted a proclamation for Mexican Heritage Plaza - Grand Opening
Heritage Plaza September 9-12, 1999, which will be presented on September 9, 1999.
Proc.-Teen Preg- The Mayor presented a proclamation to the FARE Subcommittee and
nancy Prevo Collaboration members for the Gilroy Teen Pregnancy Prevention Programs.
Proc.-Constitu- The Mayor presented a proclamation to Huldah Champion for Constitution
tion W eek Week, September 17-23, 1999. She invited everyone to help ring the bell on
September 17, 1999 at 4:00 p.m. at Old City Hall.
Proc.-Lawsuit The Mayor noted a proclamation for Lawsuit Abuse Awareness Week,
Abuse Week September 20-24, 1999, which was mailed to Citizens Against Lawsuit Abuse.
Consent
Calendar
Minutes
Ord. 99-12
(At 7:37 p.m., the Mayor left the Council Chambers, and returned at 7:52
p.m.)
The City Attorney noted various changes to Item B., the Utility Users Tax
Ordinance, and clarified that it is not the intent to charge satellite television
systems.
Motion was made by Councilmember Gifford, seconded by Councilmember
Arellano and carried that the following items under the Consent Calendar be
approved, removing Item M. Completion of Tract No. 9079, Ventana 1m,
Orchard Valley Communities, Inc. and Item N. Completion of Tract No. 9035,
Ventana IIA, Orchard Valley Communities, Inc., by the following Roll Call Vote:
Ayes: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles S.
Morales, Suellen C. Rowlison, and Thomas W. Springer; Absent:
Councilmembers: Anthony C. Sudol III, and K. A. Mike Gilroy:
Minutes of the Regular Council Meeting of August 2, 1999;
Adopted Ordinance No. 99-12 amending Chapter 26B of the City of Gilroy
Municipal Code making clarifications to the existing Utility Users Tax Ordinance.
ORDINANCE NO. 99-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING CHAPTER 26B OF THE CITY OF GILROY MUNICIPAL CODE
MAKING CLARIFICATIONS TO THE EXISTING UTILITY USERS TAX
ORDINANCE.
PASSED AND ADOPTED this 7th day of September, 1999, by the following
vote;
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: ARELLANO, GWFORD, MORALES,
ROWLISON, and SPRINGER
COUNCILMEMBERS: NONE
COUNCILMEMBERS: SUDOL and GILROY
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Prop.Imp.Agree. Property Improvement Agreement No. 99-36, Tract No. 9184, Santa Fe,
No.99-36, APNs 790-16-014 & 049, Western Pacific Housing L.L.C.;
Tract No. 9184
Res. 99-70 Adopted Resolution No. 99-70 approving TM 99-03, a Tentative Map with
twelve residential lots and one common area lot on approximately 2.79 acres
located at the westerly terminus of Violet Way, east of Santa Teresa Boulevard,
APN 790-54-008, Syncon Homes of California, applicant.
RESOLUTION NO. 99-70
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 99-03, A TENTATIVE MAP WITH TWELVE
RESIDENTIAL LOTS AND ONE COMMON AREA LOT ON
APPROXIMATELY 2.79 ACRES LOCATED AT THE WESTERLY
TERMINUS OF VIOLET WAY, EAST OF SANTA TERESA BOULEVARD,
APN 790-54-008, SYNCON HOMES OF CALWORNIA, APPLICANT.
PASSED AND ADOPTED this 7th day of September, 1999, by the following
vote;
AYES:
COUNCILMEMBERS: ARELLANO, GWFORD, MORALES,
ROWLISON, and SPRINGER
COUNCILMEMBERS: NONE
COUNCILMEMBERS: SUDOL and GILROY
NOES:
ABSENT:
Res. 99-71 Adopted Resolution No. 99-71 approving TM 99-06, a Tentative Map with
eleven residential lots and one common area lot on approximately 1.45 acres
located at 9095 Monterey Highway, south of Las Animas Avenue, APN 790-14-
001, Custom One, Inc., applicant.
RESOLUTION NO. 99-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 99-06, A TENTATIVE MAP WITH ELEVEN
RESIDENTIAL LOTS AND ONE COMMON AREA LOT ON
APPROXIMATELY 1.45 ACRES LOCATED AT 9095 MONTEREY
HIGHWAY, SOUTH OF LAS ANIMAS AVENUE, APN 790-14-001, CUSTOM
ONE, INC., APPLICANT.
PASSED AND ADOPTED this 7th day of September, 1999, by the following
vote;
AYES:
COUNCILMEMBERS: ARELLANO, GWFORD, MORALES,
ROWLISON, and SPRINGER
COUNCILMEMBERS: NONE
COUNCILMEMBERS: SUDOL and GILROY
NOES:
ABSENT:
Res. 99-72 Adopted Resolution No. 99-72 approving A/S 99-18 (PUD), an application for
Architectural and Site approval of a Planned Unit Development (PUD) involving
approximately 1.45 acres, APN 790-14-001, Custom One, Inc., applicant.
RESOLUTION NO. 99-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 99-18 (PUD), AN APPLICATION FOR ARCHITECTURAL
AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD)
INVOLVING APPROXIMATELY 1.45 ACRES, APN 790-14-001, CUSTOM
ONE, INC., APPLICANT.
PASSED AND ADOPTED this 7th day of September, 1999, by the following
vote;
AYES:
COUNCILMEMBERS: ARELLANO, GWFORD, MORALES,
ROWLISON, and SPRINGER
COUNCILMEMBERS: NONE
COUNCILMEMBERS: SUDOL and GILROY
NOES:
ABSENT:
Res. 99-73
Adopted Resolution No. 99-73 approving A/S 99-22 (PUD), an application fJ 4~) I
Architectural and Site approval of a Planned Unit Development (PUD) involving
approximately 2.9 acres, APN 841-07-057, and reaffirming approval ofTM 98-10,
a Tentative Map with twelve residential lots and one common area, Eduardo A
Bull, applicant.
RESOLUTION NO. 99-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING NS 99-22 (PUD), AN APPLICATION FOR ARCHITECTURAL
AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD)
INVOLVING APPROXIMATELY 2.9 ACRES, APN 841-07-057, AND
REAFFIRMING APPROVAL OF TM 98-10, A TENTATIVE MAP WITH
TWELVE RESIDENTIAL LOTS AND ONE COMMON AREA, EDUARDO A
BULL, APPLICANT.
PASSED AND ADOPTED this 7th day of September, 1999, by the following
vote;
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: ARELLANO, GWFORD, MORALES,
ROWLISON, and SPRINGER
COUNCILMEMBERS: NONE
COUNCILMEMBERS: SUDOL and GILROY
Prop.Imp.Agree. Property Improvement Agreement No. 99-26, Hilton Inn, 6070 Monterey
No. 99-26 Road, APN 841-14-041, Paragon L.L.C.;
Skateboard
Facility
Accepted improvements, Gilroy Skateboard Facility at Las Animas Park,
Project No. 98-CDD-507;
Budget
Budget Amendments/Transfers as recommended;
Tract. No.8885 Accepted completion, Tract No. 8885, Warmington Homes;
Tract NO.8924 Accepted completion, Tract No. 8924, Warmington Homes;
Tract No. 8890 Accepted completion, Tract No. 8890, Evergreen Steel, Inc.;
Tract No.9083 Accepted completion, Tract No. 9083, Mission Valley, Unit 2, AP.N.
790-54-007, Mission Valley Syncon Homes, L.P.;
Motel 6
Accepted completion, Motel 6 Operating L.P., a Delaware Limited
Partnership, Monterey Road, Gilroy, CA; and
Tract No. 8849 Accepted completion, Tract No. 8849, Park Commons, Phase 5, Silicon Valley
Diversified.
Tract No. 9079 Motion was made by Councilman Morales, seconded by Councilmember
Arellano and carried (Councilmembers Gifford, Sudol and Gilroy absent) to accept
completion of Tract No. 9079, Vent ana 1m, Orchard Valley Communities, Inc.
Tract No. 9035 Motion was made by Councilman Morales, seconded by Councilmember
Arellano and carried (Councilmembers Gifford, Sudol and Gilroy absent) to accept
completion of Tract No. 9035, Ventana IIA, Orchard Valley Communities, Inc.
Kai Lai, chairman of the Planning Commission, noted Craig Gartman and Cat
Tucker also present from the Planning Commission. He presented a summary of
significant accomplishments of the Planning Commission, specifically noting the
upcoming approval of the General Plan. He thanked the Parks & Recreation
Commission for hosting a barbeque for all the commissions last month.
(At 7:50 p.m., Councilwoman Rowlison left the Council Chambers, and
returned at 7:51 p.m.)
Bid-Street
Resurfacing
City Administrator Baksa presented recommendations to award the bid of
Granite Construction Company in the amount of $496,468.71 for the 1999 Street
Resurfacing Program, Project No. 99-CDD-501.
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Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried (Councilman Sudol absent) that the bid by Granite
Construction Company in the amount of$496,468.71 be awarded for the 1999
Street Resurfacing Program, Project No. 99-CDD-501.
Bid-Plans
Examining
Field Insp.
City Administrator Baksa presented recommendations to approve Carl Mileff
and Associates, Inc. as primary consultant and Community Services Consulting
Group as secondary consultant for Plans Examining and Field Inspection Services.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Springer and carried (Councilman Sudol absent) to approve Carl Mileff and
Associates, Inc. as primary consultant and Community Services Consulting Group
as secondary consultant for Plans Examining and Field Inspection Services.
Bid-Cost of
Services
Study
City Administrator Baksa presented recommendations to approve Revenue &
Cost Specialist, LLC, in the amount of $46,000 for the Cost of Services study.
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried (Councilman Sudol absent) to approve Revenue & Cost Specialist,
LLC, in the amount of $46,000 for the Cost of Services study.
Bid- Traffic Sig. City Administrator Baksa presented recommendations to award the bid of Don
Monterey/ Chapin Co. Inc. in the amount of $208,937.00 for the Monterey Road and Farrell
Farrell Avenue Traffic Signal, Project Number 99-CD-500.
Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried (Councilman Sudol absent) that the bid by Don Chapin Co.
Inc. in the amount of $208,937.00 be awarded for the Monterey Road and Farrell
Avenue Traffic Signal, Project Number 99-CD-500.
Bid-Fire & EMS City Administrator Baksa presented recommendations to award the bid of
Consultant Citygate Associates in the amount of$51,300 as the Fire and EMS (Emergency
Medical Services) consultant for Professional Master Planning and Fire Services
Analysis for the Gilroy Fire Services 20-Year Master Plan, RFP/CDD/255.
Motion was made by Councilman Morales, seconded by Councilman Springer
and carried (Councilman Sudol absent) that the bid by Citygate Associates in the
amount of$51,300 be awarded as the Fire and EMS (Emergency Medical
Services) consultant for Professional Master Planning and Fire Services Analysis
for the Gilroy Fire Services 20-Year Master Plan, RFP/CDD/255.
The Mayor deviated from the regular order of business to accommodate
interested persons in the audience.
James Paine spoke concerning problems at the skateboard park, and the need
for a City law to enforce safety requirements
The Mayor returned to the regular order of the agenda.
Lien Procedure The Mayor noted an ordinance regarding garbage and refuse collection and
Garbage disposal, and procedures for the collection of delinquent garbage and refuse
Collection customer billings as special assessment liens.
Councilmember Gifford requested staff review this in a year.
The City Attorney stated that after researching the question, it has been
determined that South Valley Refuse can give a landlord information on account
delinquency. She also stated that the ordinance will be prospective if the service is
held in the tenant's name, and if the tenant has been notified that they are
delinquent, it can be retroactive.
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Ord. 99-13 Motion was made by Councilmember Arellano, seconded by Councilman
Morales and carried (Councilman Sudol absent) to adopt Ordinance No. 99-13
amending Chapter 12 of the Gilroy City Code, regarding garbage and refuse
collection and disposal, and procedures for the collection of delinquent garbage
and refuse customer billings as special assessment liens.
ORDINANCE NO. 99-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING CHAPTER 12 OF THE GILROY CITY CODE, REGARDING
GARBAGE AND REFUSE COLLECTION AND DISPOSAL, AND
PROCEDURES FOR THE COLLECTION OF DELINQUENT GARBAGE
AND REFUSE CUSTOMER BIL~INGS As SPECIAL ASSESSMENT LIENS.
PASSED AND ADOPTED this 7th day of September, 1999, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, GWFORD, MORALES,
ROWLISON, and GILROY
NOES: COUNCILMEMBERS: SPRINGER
ABSENT: COUNCILMEMBERS: SUDOL
Consensus ofthe Council was to have staff review this in 18 months.
Z 99-02
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 Rl, Single
Family Residential, to RI-PUD, Single Family Residential-Planned Unit
Development, on approximately 1.45 acres, APN 790-14-001, Custom One, Inc.,
applicant, Z 99-02.
Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried (Councilman Sudol absent) 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 Morales, seconded by Councilman Springer
and carried (Councilman Sudol absent) to introduce the Ordinance approving Z
99-02, an application for a change in the zoning designation.
TM 98-10 The Mayor noted a Resolution of the City Council of the City of Gilroy
documenting approval ofTM 98-10, a Tentative Map with eleven residential lots
and one common area lot on approximately 2.9 acres located at the northwest
corner of Rogers Lane and Hoover Court, APN 841-07-057, Eduardo A. Bull,
applicant.
Res. 99-74 Motion was made by Councilman Springer, seconded by Councilman Morales
and carried (Councilmembers Gifford and Rowlison voting no and Councilman
Sudol absent) to adopt Resolution No. 99-74 documenting approval ofTM 98-10,
a Tentative Map with eleven residential lots and one common area lot on
approximately 2.9 acres located at the northwest corner of Rogers Lane and
Hoover Court, APN 841-07-057, Eduardo A. Bull, applicant.
RESOLUTION NO. 99-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DOCUMENTING APPROVAL OF TM 98-10, A TENTATIVE MAP WITH
ELEVEN RESIDENTIAL LOTS AND ONE COMMON AREA LOT ON
APPROXIMATELY 2.9 ACRES LOCATED AT THE NORTHWEST CORNER
OF ROGERS LANE AND HOOVER COURT, APN 841-07-057, EDUARDO A.
BULL, APPLICANT.
PASSED AND ADOPTED this 7th day of September, 1999, by the following
vote;
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: ARELLANO, MORALES, SPRINGER,
GILROY
COUNCILMEMBERS: GWFORD and ROWLISON
COUNCILMEMBERS: SUDOL
7 4 G -trademark The Mayor noted a request for discussion and action regarding registration of
the trademark slogan "The Garlic Capital of the World".
Councilmember Arellano questioned whether businesses can use the
trademark, whether the City would charge for the use of the trademark, and what
costs have been expended up to this date for this.
The City Attorney stated that the City may license and charge for the use of the
trademark or may choose not to charge users. She stated that businesses that
currently use the trademark can continue to use it without any interference from
the City.
Alex Larsen, on behalf of the Rapazzini Family which is the original owner of
the trademark, stated that he would have no problem with the City of Gilroy
owning the trademark. He questioned whether businesses outside the City limits
would be able to use the trademark. He was told that if they are currently using
the trademark, that they can continue to use it and a policy will be prepared for the
protection of it.
Carolyn Tognetti, Garlic World, noted her concerns with policing the
trademark.
Motion was made by Councilmember Arellano, seconded by Councilman
Morales and carried (Councilman Sudol absent) to direct staff to prepare
appropriate documentation regarding licensing of the proposed trademark.
At 9:23 p.m. , the Mayor called a recess, after which he recalled the meeting to
order.
Com. Facilities The Mayor noted a Resolution oflntention to form Community Facilities
District District and to Levy a Special Tax.
Administrative Services Director Dorn introduced Sam Sperry, who is assisting
with this process. He reviewed the staff report noting Options A & B for Exhibit
C, and that a Public Hearing is scheduled for October 18, 1999.
Res. 99-75 Motion was made by Councilman Morales, seconded by Councilmember
Gifford and carried (Councilman Sudol absent) to adopt Resolution No. 99-75, a
Resolution oflntention to form Community Facilities District and to Levy a
Special Tax, to include Option B for Exhibit C.
RESOLUTION NO. 99-75
A RESOLUTION OF INTENTION TO FORM COMMUNITY FACILITIES
DISTRICT AND TO LEVY A SPECIAL TAX.
PASSED AND ADOPTED this 7th day of September, 1999, by the following
vote;
AYES:
COUNCILMEMBERS: ARELLANO, GWFORD, MORALES,
ROWLISON, SPRINGER, and GILROY
COUNCILMEMBERS: NONE
COUNCILMEMBERS: SUDOL
NOES:
ABSENT:
Res. 99-76 Motion was made by Councilman Springer, seconded by Councilman Morales
and carried (Councilman Sudol absent) to adopt Resolution No. 99-76, a
Resolution approving boundary map for the Community Facilities District NO.1.
RESOLUTION NO. 99-76
A RESOLUTION APPROVING BOUNDARY MAP FOR THE COMMUNITY
FACILITIES DISTRICT NO.1.
PASSED AND ADOPTED this 7th day of September, 1999, by the following
vote;
AYES:
COUNCILMEMBERS: ARELLANO, GWFORD, MORALES,
ROWLISON, SPRINGER, and GILROY
COUNCILMEMBERS: NONE
COUNCILMEMBERS: SUDOL
NOES:
ABSENT:
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Flagpole
The Mayor noted a request for installation of a flagpole at Las Animas Park,
and changing the name of Las Animas Park to Las Animas Veterans Park.
The request was reviewed by the City Administrator, the Community Services
Director, and Phil Buchanan, Parks and Recreation Commission chairperson.
Joe Garcia explained that $2,550 has been donated from the Vietnam Memorial
Wall committee and $5,000 from the South Santa Clara Veterans District. He
explained that a 50' pole, which would accommodate three flags, would cost
$7,500,
Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried (Councilman Sudol absent) to change the name of Las
Animas Park to Las Animas Veterans Park.
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried (Councilman Sudol absent) to purchase a flagpole or poles with
memorial plaque, and that Mayor Gilroy be appointed a member of an ad hoc
committee for the approval of the location, Councilmember Arellano requested to
also be a member of the ad hoc committee.
Vehicles
The Mayor noted an Ordinance of the City Council of the City of Gilro~
amending Chapter 15 of the Gilroy City Code regarding human habitation of
vehicles, parking of oversized vehicles and special mobile equipment, and ticketing
illegally parked vehicles.
The staff report was noted and further explained by the City Administrator and
Officer Don Hartley.
Ray Smith commented on a large motor home parked on Lions Creek that is a
problem. He questioned when the signal light is to be constructed at Mantelli
Drive and Santa Teresa Boulevard.
Motion was made by Councilwoman Rowlison seconded by Councilman
Springer and carried (Councilman Sudol absent) 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 (Councilman Sudol absent) to introduce the Ordinance amending
Chapter 15 of the Gilroy City Code.
The Mayor deviated from the regular order of business to accommodate
interested persons in the audience.
Vehicles for Sale The Mayor noted a discussion of prohibition for display of vehicles for sale on
all major thoroughfares.
Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried (Councilman Sudol absent) to direct staff to prepare an
emergency ordinance prohibiting vehicles for sale on all major thoroughfares.
The Mayor returned to the regular order of the agenda.
Adult Businesses The Mayor noted an Ordinance of the City Council of the City of Gilroy
amending Chapter 2A of the Gilroy City Code regulating Adult Businesses.
The City Attorney reviewed why this Chapter needs to be amended.
Motion was made by Councilwoman Rowlison seconded by Councilman
Morales and carried (Councilman Sudol absent) to read the Ordinance by title only
and waive further reading of the ordinance. The City Clerk read the Ordinance by
title only.
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Motion was made by Councilman Morales, seconded by Councilwoman
Rowlison and carried (Councilman Sudol absent) to introduce the Ordinance
amending Chapter 2A of the Gilroy City Code.
Truck Parking The Mayor noted a discussion of prohibition of truck parking on South
Monterey Street and Highway 152, east of Highway 101. After discussion, the
consensus of the Council was that no action be taken at this time.
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.
Falcon Cable The Mayor noted a letter from Emerson Yearwood, Falcon Cable Systems,
requesting modification of date for future rate increases. It was noted that no
action is needed on this item.
Councilman Springer commented on the letters sent and received regarding
recent Decoy Operations by the Gilroy Police Department. He stated that he
would like to send a letter to our legislators that this be made stronger.
Councilmember Arellano questioned whether the Police Department can do these
more often. The City Administrator noted that this may be an item the Council
would like to discuss at their upcoming mini-retreat with the Police Department.
It was also a consensus of the Council to have the City Attorney review this and
determine if these are truly the guidelines.
Councilman Springer noted that the Keeley Bill, AB 807, regarding the Pajaro
River passed the Senate and is on the way to the Governor's desk. There was
also discussion on AB 18, the Park Bill.
Councilmember Gifford requested action on SB 339, and the Council agreed
that they had no interest in taking any action on this. She requested a letter of
opposition to HR. 2372 and Council agreed that a letter should be sent. She
questioned whether a letter of support should be sent regarding the MACSA
Youth Center Proposal, and the City Administrator stated that if they need a letter
of support, they will ask us.
Councilwoman Rowlison noted that on September 23, 1999 in the Council
Chambers, there will be a panel discussion with Catholic Healthcare West.
The following information items were noted with no separate discussion on
same:
Legislation:
Letter from the City of Gilroy to the Assembly Veterans Affairs Committee
requesting support of SB 467 - Monterey County Veterans Cemetery;
League of California Cities Legislative Bulletin #28-1999 dated August 9,
1999;
League of California Cities Legislative Bulletin #29-1999 dated August 20,
1999; and
League of California Cities Legislative Bulletin #30-1999 dated August 27,
1999.
Customer Service:
Letter of thanks from Lee Trevino, Pacific Gas and Electric Company, to Fire
Chief Gillespie for the City of Gilroy's excellent cooperation in responding to
emergencies involving gas and electric facilities;
Letter of thanks from Fire Chief Gillespie to Deon Bracco, Bracco's Towing
for assistance in providing vehicles used in the annual extrication training,
specifically for training with the new Hurst "Jaws of Life" tool;
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Letter of acknowledgment from Judith A. Jewell, Santa Clara County Training
Officers, to Dave Larton for the excellent job as Communications Unit Leader for
the Wildfire '99 Exercise;
Letter of thanks from Mrs. James Brescoll to Corporal Flippo and the Gilroy
Police Department for their assistance with an ongoing "garage sale" on Tenth
Street;
Letter of thanks from Robert 1. Connelly to Mr. Jeff Watterson for his
participation and contributions to the Garlic Handball Tournament; and
Letter of appreciation and thanks from Susan Dodd, Gavilan College, to
Robert Connelly and his staff, specifically Gayle Glines and Mark Dover, for the
cooperative relationship that has developed.
Informational items:
Letter to Lydia F. Engdol, Department of Alcoholic Beverage Control, from
the City of Gilroy requesting that licensees be given the proposed suspensions,
rather than allowing an Offer in Compromise;
Letter from Lydia F. Engdol, Department of Alcoholic Beverage Control, to
the City of Gilroy explaining the Decoy Program Guidelines regarding suspensions
and Offers in Compromise;
Gilroy Economic Development Corporation minutes of July 20, 1999;
Community Development Department - Planning Division monthly report of
long-range applications and status ofRDO allocation & activity dated August 20,
1999;
Memorandum from Esther Medina and Olivia Soza-Mendiola, MACSA,
informing the City of Gilroy that MACSA's proposal to build a youth center was
not funded;
Gilroy Visitors Bureau Council minutes of July 8, 1999 and balance sheet as of
June 30, 1999;
Certificate of Commendation to Probation Officer Mike Clarke from the City
of Gilroy;
Drought Alert Calculations - Summary of Monthly Water Production - July,
1999;
Letter from Michelin explaining their reasons for not discontinuing the
"Scorcher T / A" tire;
Memorandum from Kristi Abrams, Traffic Engineer, regarding Street Cut Fee
Update;
Memorandum from Jim McCann, Public Information Coordinator, regarding
District Attorney/Falcon settlement re: Signal Audit Services;
Memorandum from Director of Community Development regarding AB 807
(Keeley) Pajaro River Watershed Flood Prevention Authority;
Letter from Theresa A. Parker, California Housing Finance Agency, informing
the City of Gilroy that the proposal for funding under the HELP (Housing Enabled
by Local Partnerships) Program was not selected for funding;
Press release by Catholic Healthcare West regarding purchase of South Valley
Hospital in Gilroy, and relocation of Saint Louise Hospital in Morgan Hill to the
present South Valley Hospital site in Gilroy; and
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City of Gilroy Police Department Commendation for Officer Frank Bozzo,
Employee of the Month for July, 1999.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of July 6, 1999 were
7-6-99 noted.
Library Com.
7-28-99
P&RCom,
7-20-99
The minutes of the Library Commission meeting of July 28, 1999 were noted.
The minutes of the Parks & Recreation Commission meeting of July 20, 1999
were noted.
Planning Com. The minutes of the Planning Commission meeting of June 30, 1999 were
6-30-99 noted.
Sr.Adv.Bd.
7-19-99
P&RCom.
8-17-99
Downtown
Monterey
Sub-Com.
Downtown
Monterey
Sub-Com.
Greyhound
Bus Depot
Computer
Acquisition
Meetings
The minutes of the Senior Advisory Board meeting of July 19, 1999 were
noted.
The report of the Parks & Recreation Commission meeting of August 17, 1999
was noted.
The Downtown Monterey Sub-Committee letter to Michaela Ann Sieber,
Santa Clara Valley Transportation Authority regarding Gilroy Transit Center 95%
Submittal was neted.
The Downtown Monterey Sub-Committee meeting notes of August 10 & 17,
1999 were noted.
The Mayor noted discussion and possible action regarding the disposition of
the former Greyhound Bus Depot building.
The City Administrator reviewed the request
Steve Ashford stated that the downtown area needs parking.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried (Councilman Sudol absent) to demolish the building and add
additional parking spaces. It was noted that if a project/opportunity was presented
prior to demolition, it would be reviewed as to its viability.
The Mayor noted a request for clarification and discussion of City
Councilmember's computer acquisition policy.
The Council discussed a Council Retreat item from January, 1999, as to
whether the City would pay $500.00 towards a Councilmembers purchase oftheir
own personal computer, to be used for Council business. After discussion, the
Council took no action on this request.
The Council set the following meetings: A joint special meeting with the City
of Hollister and City of San Juan Bautista regarding Falcon Cable negotiations to
be either September 29, September 30, or October 5; a workshop with Catholic
Healthcare West for September 22 at 7:30 p.m.; a joint study session with the
Planning Commission on affordable housing set for September 23 at 7:30 p.m.; a
review of the League of California Cities conference set for October 19 at 7: 00
p.m.; and the City Council/Police Department Retreat set for September 24 from
8:00 a.m. to 12:30 p,m.
(At 11:36 p.m. Mayor Gilroy left the Council Chambers, and returned at 11:37
p.rn.)
(At 11:37 p.m. Councilmember Gifford left the Council Chambers, and
returned at 11:38 p.m.)
7 ~ (' n
;.'.,i. ~) I
, ., >
(At 11 :39 p.m. Councilmember Arellano left the Council Chambers, and
returned at 11:40 p.m.)
Amicus-Haas v. The Mayor noted a request for Joinder in Amicus Curiae Brief in Haas v.
Co. of San County of San Bernardino, 69 Cal.App.4th 1019, 81 Cal.Rptr.2d 900,99 Daily
Bernardino Journal DAR 1242 (4th District eb. 4, 1999).
Motion was made by Councilwoman Rowlison, seconded by Councilman
Springer and carried (Councilmembers Gifford and Sudol absent) to join amicus
brief
Amicus-Kajima/ The Mayor noted a request for Joinder in Amicus Brief in Kajima/Ray Wilson
Ray Wilson v. Los Angeles County Metropolitan Transportation Authority (1998) 69
v. LA Co. Cal.App.4th 1458.
Motion was made by Councilman Springer, seconded by Mayor Gilroy and
carried (Councilmembers Arellano and Sudol absent) to join amicus brief
Com./Bd.Appts. The Mayor noted City Commission and Board Appointments effective January
1, 2000 to Expire December 31, 2003.
Council agreed to set December 1, 1999 as the deadline to receive
applications. They agreed to set December 13, 1999 as the date to interview
prospective commission and board members. They agreed to appoint new
commission and board members at the December 20, 1999 meeting.
Chuck Wear
The Mayor noted a letter from Chuck Wear resigning from the Physically
Challenged Board of Appeals effective immediately.
Council on
Aging
The Mayor noted a request to appoint a representative to the Santa Clara
County Advisory Council of the Council on Aging.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried (Councilman Sudol absent) to appoint Joe F. Gamboa as the
Santa Clara County Advisory Council of the Council on Aging representative.
The Mayor noted the Gang Task Force Golf Tournament on Friday,
September 10, 1999.
Councilman Springer displayed the Celebrate the Century plaque presented to
the City of Gilroy. He noted that he represented the Mayor at the opening of the
Skateboard Park, and that it was a successful event. He reminded everyone that
tomorrow is the ribbon cutting at Christmas Hill Park for the ADA ramps project
Councilmember Arellano stated that she will be in Washington DC from
September 13-16. She reminded everyone of the Chamber of Commerce Trade
Show on September 16.
Councilwoman Rowlison stated that she has nomination forms for the Women
of Achievement Awards, and that they are due this Friday. She noted that she
attended the meeting on the CalTrain Measure A Plan for CalTrain improvements,
and that comments are due on the Plan by September 16.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 34
SEPTEMBER 1999
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 Joint City Council/Planning Commission Workshop on the General Plan-
7:00 p.m., Gilroy Senior Center Main Hall, 7371 Hanna Street, Gilroy
14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
27 Joint City Council/Planning Commission Workshop on the General Plan-
7:00 p.m., Gilroy Senior Center Main Hall, 7371 Hanna Street, Gilroy
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
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7410
OCTOBER 1999
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10-12 League of California Cities Conference - City Council to attend Annual
Conference, San Jose, California.
12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
25*Special City Council Meeting-General Plan - 7:00 p.m., Gilroy City
Council Chambers
26 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
NOVEMBER 1999
1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
9 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment At 11:48 p.m. the Mayor adjourned the meeting to a closed session pursuant to
Government Code Section 54956.9(a):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of case: Petition for Writ of Mandate; Complaint for Declaratory Relief
and Injunctive Relief Vinod Patel dba Oaks Motel and Pacheco Pass Motel;
Joseph A. Filice, General Partner of Leaves ley Ocean Inn-Investors, a Limited
Partnership dba Leavesley Inn vs. City of Gilroy, #CV779614.
At 11:58 p.m. the Mayor reconvened the meeting and announced that no
action had been taken and further adjourned the meeting at 11: 59 p.m.
Respectfully submitted,
~tZ /J1f-LW::
/s/ RHONDA PELLIN
City Clerk