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Minutes 1999/09/20 7 ,~ ". '; If:: Posting Agenda Roll Call Vol. Award Emp. Award Consent Calendar Minutes Res. 99-77 Budget Regular Meeting September 20, 1999 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk noted that the Agenda had been posted on September 16, 1999 at 11: 14 a.m. Present: Councilmembers: Guadalupe Arellano, Lisabeth A Gifford, Charles S. Morales (arrived at 7:08 p.m.), Suellen C. Rowlison (arrived at 7:07 p.m.), 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 September, 1999 Award to James Wilkins. The Mayor presented the Employee Award for the Month of August, 1999, to Carlos Valdez, Equipment Mechanic, Administrative Services Department. Councilman Sudol noted that he reviewed the tape from the meeting of September 7, 1999 and stated that he will vote on items tonight. Motion was made by Councilman Morales, seconded by Councilman Sudol and carried that the following items under the Consent Calendar be approved, with various changes to pages 11, 12, and 13 of the minutes of September 7, 1999, 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: Minutes of the Regular Council meeting of September 7, 1999 as amended; Adopted Resolution No. 99-77 Establishing an All-Way Stop at the Intersection of Hanna Street and Seventh Street in the City of Gilroy Pursuant to Section 15.40 of the City Code; RESOLUTION NO. 99-77 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF HANNA STREET AND SEVENTH STREET IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE; PASSED AND ADOPTED this 20th day of September, 1999, by the following vote; AYES: NOES: ABSENT: COUNCILMEMBERS: ARELLANO, GWFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE Budget Amendments/Transfers as recommended; Prop.Impr.Agree. Property Improvement Agreement No. 99-32, Tract 9155, Phase IlIA, Eagle No. 99-32 Ridge, AP.N.s 810-41-003,810-44-003,004,005 (portion of), & 007, Eagle Eagle Ridge Ridge Development Company, LLC; Prop.Impr.Agree. Property Improvement Agreement No. 99-33, Tract 9156, Phase IIIB, Eagle No. 99-33 Ridge, AP.N.s 810-40-001,810-43-004 & 005,810-45-122, Eagle Ridge Eagle Ridge Development Company, LLC; and Minutes Minutes of the Special Council meeting of September 13, 1999. 7 ~ . -, ,.f i ,) Neighborhood Police Chief Giusiana noted the graffiti eradication pilot program by the Services Div. Neighborhood Services Division has been very successful. Sandra Sammut Graffiiti distributed a map of the pilot project area and an outline of the project. Rachel Program Munoz shared the outreach campaigns that are occuring in the neighborhoods. She displayed a lawn sign that neighbors are placing in their yards regarding stopping graffiti. Community Services Director Connelly stated that the division is a long way from solving all the problems with graffiti, but noted the cooperative effort of the Neighborhood Services Division is outstanding. Police Chief Giusiana stated that they are compiling a report of costs incurred beyond the contract amount, and they are evaluating what the next step is and what changes may be needed. RDO Affordable The Mayor noted amendments to the RDO Affordable Housing Exemption Housing Procedure Policy, City of Gilroy, applicant, M 99-03. Exemption Policy Motion was made by Councilman Sudol, seconded by Councilmember Arellano and carried to continue this item to October 18, 1999, with the reminder that there will be a joint study session with the Planning Commission on September 23, 1999 at 7:30 p.m. in the Gilroy Senior Center Meeting Room, 7371 Hanna Street, Gilroy. Ord.99-15 Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to adopt Ordinance No. 99-15 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. ORDINANCE NO. 99-15 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 F AMIL Y RESIDENTIAL-PLANNED UNIT DEVELOPMENT, ON APPROXIMATELY 1.45 ACRES, APN 790-14-001, CUSTOM ONE, INC., APPLICANT, Z 99-02. PASSED AND ADOPTED this 20th day of September, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GWFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord.99-16 Motion was made by Councilman Morales, seconded by Councilmember Arellano and carried to adopt Ordinance No. 99-16 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. ORDINANCE NO. 99-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY 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. PASSED AND ADOPTED this 20th day of September, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GWFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord.99-17 Motion was made by Councilman Morales, seconded by Councilman Springer and carried to adopt Ordinance No. 99-17 amending Chapter 2A of the Gilroy City Code regulating Adult Businesses. 74i/~ Ord.99-18 Vehicles for Sale Vehicles for Sale ORDINANCE NO. 99-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 2A OF THE GILROY CITY CODE REGULATING ADULT BUSINESSES. PASSED AND ADOPTED this 20th day of September, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GWFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Motion was made by Councilman Springer, seconded by Councilman Morales and carried to adopt Ordinance No. 99-18 amending Chapter 18 of the Gilroy City Code, regarding Public Park and Recreational Facilities and Rules and Regulations therefor for the skate park facility. ORDINANCE NO. 99-18 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 18 OF THE GILROY CITY CODE, REGARDING PUBLIC PARK AND RECREATIONAL FACILITIES AND RULES AND REGULATIONS THEREFOR FOR THE SKATE PARK FACILITY. PASSED AND ADOPTED this 20th day of September, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANQ, GWFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The Mayor noted an emergency Ordinance of the City Council of the City of Gilroy amending Chapter 15 of the Gilroy City Code regarding parking of vehicles for sale. The staff report was noted and further explained by the City Administrator and City Attorney. Motion was made by Councilmember Arellano, seconded by Councilman Springer and carried to adopt emergency Ordinance No. 99-19 amending Chapter 15 of the Gilroy City Code regarding parking of vehicles for sale. ORDINANCE No. 99-19 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 15 OF THE GILROY CITY CODE REGARDING PARKING OF VEHICLES FOR SALE. PASSED AND ADOPTED this 20th day of September, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GWFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The Mayor noted an Ordinance of the City Council of the City of Gilroy amending Chapter 15 of the Gilroy City Code regarding parking of vehicles for sale. Motion was made by Councilman Springer, seconded by Councilmember Arellano and carried to read the ordinance by title only and waive further reading of the ordinance. Motion was made by Councilmember Arellano, seconded by Councilman Springer and carried to introduce the ordinance amending Chapter 15 of the Gilroy City Code, regarding parking of vehicles for sale. SCRWA 6-8-99 6-29-99 8-10-99 74 ... J The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Jim McCann stated that governors in many states have declared Sept 19-25 as Iron Overload Disease Awareness Week. He noted that hereditary Hemochromotosis is the most common genetic disorder in the United States. He urged those listening to be aware of this disease and pay attention to iron levels in blood tests. He asked listeners to get information on this disease and talk to your doctor about this if you have questions. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Legislative Bulletin #31-1999 dated September 3, 1999; and Letter to The Honorable Gray Davis from the City of Gilroy requesting support for AB 236 for forgiveness for over-apportioned property tax revenues. Customer Service: Letter ofthanks from A. Sable, Correctional Training Facility Computer Refurbishing Program, to Martin Quiroz with special thanks to Randy Newell and Ralph Hernandez for packing and transporting the equipment; E-mail message from Rod Pavao to Dave Rivers expressing appreciation for the excellent customer service in updating a Geo File/CAD; E-mail message from Bea Perez to Jackie Martin and Lynn Lawrence to thank them and the Wellness Committee for the excellent Wellness Faire; Letter ofthanks from Wen Chang, Paragon LLC, to Norman Allen and Kristi Abrams for assistance with a meeting with CalTrans; and Letter of congratulations from Dan Eaton, California Integrated Waste Management Board, for the City of Gilroy's hard work in meeting AB 939 mandates for waste diversion. Informational items: Letter from Esther Medina and Olivia Soza-Mendiola, MACSA, regarding appeal to the State for denial of funds for Gilroy; Letter of thanks from Ruben Barrales, Joint Venture: Silicon Valley Network for support of their work in the Silicon Valley; Drought Alert Calculations, Summary of Monthly Water Production, August, 1999; LegisLink, a publication of the Santa Clara County Association of REALTORS, Summer 1999; Letter from the City of Gilroy to W. R. Gomes, Cooperative Extension Dept. of Agriculture and Natural Resources University of California, stating concern about the loss of the Bay Area Research and Extension Center (BAREC); and Gilroy Economic Development Corporation minutes of August 27, 1999. The minutes of the South County Regional Wastewater Authority meetings of June 8, 1999 (corrected), June 29, 1999, and August 10, 1999 were noted. 74\6 Personnel Com. The minutes of the Personnel Commission meeting of August 9, 1999 were 8-9-99 noted. Bonfante Gardens Trademark Lawnmower Buy-back Program The City Administrator noted a request regarding Qualified 501(c)(3) Private Activity Bonds for Bonfante Gardens, Inc. He explained that there would be no cost or liability, nor any fiduciary responsible for the debt. Motion was made by Councilman Springer, seconded by Councilman Morales and carried to direct staff to work with Bonfante Gardens to initiate discussions regarding the issuance of Qualified 501(c)(3) Private Activity Bonds. The City Adminsitrator distributed a proposed agenda for the City Council and Police Department Retreat for Friday, September 24, 1999. He announced that the joint study session with the cities of Hollister and San Juan Bautista regarding Falcon Cable will be on October 5, 1999. The City Attorney distributed a draft resolution regarding a possible policy for use of the trademark "Gilroy Garlic Capital of the World". She noted that a Public Hearing has been set for October 4, 1999 The Mayor thanked those employees who hosted the annual employee barbecue, and requested they be nominated for a Work Group of the Month award for their efforts. He noted the September 10th Tee-Off for Youth golf tournament that raised close to $40,000 for youth programs. Councilmember Gifford noted a request to offer a lawnmower buy-back program encouraging residents to exchange their gasoline-powered lawnmowers for a rebate towards an electric mower. She noted that this was from the Cities Association and addresses air quality and the land fill issue. Councilman Springer stated that this issue will be on the Cities Association meeting in October and he will report back on this. Councilwoman Rowlison commented on the nice letter from Hilton Garden Inn praising Kristi Abrams for her service. She reminded everyone of the Santa Clara Valley Water District annual tour of projects on September 23 starting at 9:00 a.m. at Golden Oak Restaurant. She noted the information received from the California Women's Law Center. Mayor Gilroy noted the September 22 meeting is not a Public Forum, but rather a workshop of the Council. Councilman Morales congratulated the employees who received service awards at the employee barbecue. He stated that he attended the Knights of Columbus, Probation Department, and VFW sponsored tattoo removal. He requested the Mayor reach out to the VFW groups regarding the renaming of Las Animas Park. Councilman Sudol stated that a portion of West Luchessa is still not striped, and should include a bike lane. Councilmember Arellano noted that October 2 is the IOOF Children's Home Casino Night, which is a great charity fund raiser. She questioned whether the City has a pressure washer, as the corner of Fifth and Monterey Streets is in need of clean up due to bird droppings. Councilman Springer noted the Cities Association met September 9 and discussed the potential buyback program for lawnmowers. He stated that they also discussed lawsuit abuse prevention week. He noted that many of the cities want to come down to see our skateboard park. He commented that the employees barbecue far surpassed prior events and noted the Council should formally recognize the committee. The City Administrator stated that he will nominate them as a work group of the month for the Council. The Mayor noted the following meetings/events: Adjrnmt. 7 ,/I < -, '1 i i *Meeting will be televised on Channel 34 SEPTEMBER 1999 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 Workshop with Catholic Healthcare West - 7:30 p.m., Gilroy City Council Chambers 23 Affordable Housing Joint Study Session with Planning Commission - 7:30 p.m., Gilroy Senior Center Meeting Room, 7371 Hanna Street, Gilroy 24 Joint City Council/Police Department Retreat - 8:00 a.m. to 12:30 p.m. - Gilroy Senior Center Meeting Room, 7371 Hanna Street, Gilroy 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 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy OCTOBER 1999 4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 5*Joint Special Meeting with City of Hollister and City of San Juan Bautista regarding Falcon Cable Franchise - 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 19 Study Session to review the League of California Cities Conference - 7:00 p.m., Gilroy City Council Chambers 25*Special City Council Meeting-General Plan - 7:00 p.m., Gilroy City Council Chambers 26 SCRW A 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 At 8: 18 p.m. the Mayor adjourned the meeting. ~~~ /s/ RHONDA PELLIN City Clerk