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Minutes 1999/10/04 7418 Invocation Posting Agenda Roll Call New Employee Regular Meeting October 4, 1999 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Kevin Wilson, Gilroy Bible Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on September 29, 1999 at 5: 10 p.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 Cherie Somavia, Police Officer, Police Department. The Mayor wished Councilmember Arellano a Happy Birthday. Proc.-Celebrate The Mayor noted a proclamation in Celebration of the Sister City relationship Monticelli with Monticelli D'ongina, Italy, which was previously hand delivered to Italy by D'ongina Sam Bozzo. Consent Calendar Minutes Motion was made by Councilman Morales, seconded by Councilman Springer and carried that the following items under the Consent Calendar be approved, 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 20, 1999; Recycled Water Wholesaler-Retailer Agreement for Supply of Recycled Water between Santa Agreement Clara Valley Water District and City of Gilroy; Ord.99-20 Adopted Ordinance No. 99-20 amending Chapter 15 of the Gilroy City Code regarding parking ofvehic1es for sale; ORDINANCE NO. 99-20 ~ 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. PASSED AND ADOPTED this 4th day of October, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GWFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res. 99-78 Adopted Resolution No. 99-78 authorizing access to criminal records via the Department of Justice for employment, licensing, or certification purposes. RESOLUTION NO. 99-78 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING ACCESS TO CRIMINAL RECORDS VIA THE DEPARTMENT OF JUSTICE FOR EMPLOYMENT, LICENSING, OR CERTWICATION PURPOSES. PASSED AND ADOPTED this 4th day of October, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GWFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 7,., l,...., "t I ) Paul Kloecker reviewed completed projects of the Physically Challenged Board of Appeals including the ramp at the amphitheater at Christmas Hill Park. He stated that the remaining money will be used to complete smaller projects, such as El Roble Park playground access. He thanked staff for their recommendations and thanked the City Council for their support. Pub. Hearing Trademark The Mayor stated it was the time and place scheduled for a Public Hearing regarding trademark registration of "Gilroy Garlic Capital of the World." The City Attorney noted there were two drafts of the resolution provided, and noted the changes between Draft 1 and Draft 2. The Mayor opened the Public Hearing. Alex Larson, employee ofRappazini Winery, implored the Council to keep the trademark for the City, and not expand it to all businesses whether or not those businesses are garlic related. He stated it should just be for garlic related businesses. He stated that the City of Gilroy cannot control the use of the trademark once it has been used by all businesses. He requested that the web site "gilroytest" be reviewed to see what could happen if the trademark is not controlled. He questioned whether the City fraudulently filled out the trademark application. Carolyn T ognetti stated that her attorney felt that since the proposed trademark has been in use, that alone protects the City from others using it. She questioned whether the trademark is even needed. The Mayor closed the Public Hearing. Councilmember Arellano requested the wording "Capitol" also be added, as well as the wording "Capital." The City Attorney noted several changes to the resolution, explaining that this resolution will only be in effect if and when the trademark is registered. Res. 99-79 Motion was made by Councilman Sudol, seconded by Councilmember Gifford and carried to adopt Resolution No. 99-79 granting a royalty-free license for businesses associated with the City of Gilroy to use a City registered trademark. RESOLUTION NO. 99-79 RESOLUTION GRANTING A ROYALTY-FREE LICENSE FOR BUSINESSES ASSOCIATED WITH THE CITY OF GILROY TO USE A CITY REGISTERED TRADEMARK. PASSED AND ADOPTED this 4th day of October, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GWFORD, MORALES, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: ROWLISON ABSENT: COUNCILMEMBERS: NONE Councilmember Arellano asked that the record show that she is voting for this, because if the City of Gilroy does receive the trademark, she wants to be sure that the businesses are protected and if this resolution is not on file, it will be uncertain what the effect will be on the businesses. 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. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Legislative Bulletin #32-1999 dated September 17, 1999 7420 A& C Com. 8-10-99 Customer Service: Notes of thanks from Phylis Mantelli and Sylvia Valdez to Whitney Pray for her assistance with youth camp; E-mail from Carmen Horta thanking Bob Bozzo for installing a new drop box for City of Gilroy water payments; Memo of appreciation from Chief Giusiana to Sergeant Dan Crumrine acknowledging a note of appreciation from Laura Shulman for assisting with some issues; and E-mail from Colette Harmon thanking Marty Quiroz and Ryan for their assistance in setting up the computer training room for fire training. Informational items: Memorandum from Annabel Yurutucu, HCD Coordinator, regarding the NRS Workforce Summit - Scope of Work; Gilroy Visitors Bureau Council minutes of August 12, 1999 and Balance Sheet as of July 31, 1999; Community Development Department - Planning Division monthly report of long-range applications and status ofRDO allocation and activity dated September 24, 1999; Police Chiefs Advisory Group Meeting minutes of September 15, 1999; Letter from Rose Crimi Muerch, California Pioneers of Santa Clara County, noting enjoyment of a tour of historic Gilroy; League of California Cities Annual Conference Resolutions; News Release, U.S. Department of Labor Office of Public Affairs regarding Gilroy Project wins $1.4 million W elfare-to- Work grant; and Certificates of Commendation from the Police Department to Monica Souza and Vicki Lehman for completion of a project on the homeless. The minutes of the Arts and Culture Commission meeting of August 10, 1999 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of August 3, 1999 were 8-3-99 noted. Lib. Com. 8-11-99 P & R Com. 8-17-99 P & R Com. 4-24-99 Sr. Adv. Bd. 8-16-99 SCRWA 6-29-99 9-14-99 The minutes of the Library Commission meeting of August 11, 1999 were noted. The minutes of the Parks & Recreation Commission meeting of August 17, 1999 were noted. The minutes of the Parks & Recreation Commission retreat of April 24, 1999 were noted. The minutes of the Senior Advisory Board meeting of August 16, 1999 were noted. The minutes of the South County Regional Wastewater Authority meetings of June 29, 1999 (corrected) and September 14, 1999 were noted, LAFCO Catholic Healthcare West 7 ~ ' . Lt , ' ......,- '.- The City Administrator noted the minutes from the City/Police/Council Mini- Retreat of September 24, 1999. He reminded everyone of the meeting tomorrow night regarding Falcon Cable. He noted a Certificate of Recognition from Leadership Gilroy for the City of Gilroy's assistance with the 1999 Leadership Gilroy Program. The City Attorney stated that at 2:00 p.m. tomorrow, the Board of Supervisors will discuss the issue of whether cities will be required to defend and indemnify LAFCO for LAFCO decisions regarding the CEQA process. She noted that the cities and city attorneys are opposed to this. The Mayor noted a letter from the AAUW asking the City of Gilroy to request Catholic Healthcare West to implement the "community model" at their hospital in Gilroy. After discussion, Councilmember Arellano volunteered to draft a letter for action for the next agenda. Councilwoman Rowlison stated there is a conference entitled Arts Build Communities on November 5. She reminded everyone that the Santa Clara Valley Water District is hosting a walking tour of South County from 9:00 a.m. to 2:00 p.m. on October 22, 1999. Councilman Sudol requested an update regarding the striping for W. Luchessa. He congratulated Jeff Garcia for a job well done. Councilmember Gifford stated there are more vehicles for sale now at the corner of Santa Teresa Boulevard and Mantelli Drive, since the ordinance was enacted making this illegal. The City Administrator stated that the Police Department is currently issuing warnings, but noted that we may need to speed up warnings and enforcement. She stated that the Domestic Violence Council will be holding an interfaith breakfast at the Elks Lodge this Thursday to get the churches more involved with domestic violence. She stated there will be a walk on October 8 in San Jose to end domestic violence. She noted that this is Domestic Violence Prevention Month. Councilmember Arellano stated that the League of California Cities conference is next week in San Jose, and noted that the City Clerk has information on the workshops that the Councilmembers will be attending. She requested the homeless shelter ordinance be placed on the next agenda. The City Administrator stated that the homeless report has not been received as yet. Councilman Springer reported good news in that the VT A policy advisory board has approved the draft recommendations to the Board of Supervisors on expanded CalTrain service. He noted there will be an additional two trains added to the South County run, and an expenditure of funds to purchase land for storage tracks, improving parking lots, and expansion of further parking area. He stated that he will give a report on this at the next meeting. He stated that all that was asked for was approved and is being recommended to the Board of Supervisors. He noted that VT A will bring one reverse train to Gilroy one weekend per month to begin with to see if shoppers will come to Gilroy. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 34 OCTOBER 1999 4 Study Session - Police Department - Discussion of Police Crime Comparison Report - 6:00 p.m., Gilroy City Council Chambers 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 6 Joint City Council/Planning Commission Study Session on the General Plan- 7:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site Christmas Hill Park, 7049 Miller Avenue, Gilroy 74;~2 Adjrnmt. 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 - CANCELLED 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 20*Mayor and Council Candidate Forum - 7:00 p.m" Gilroy City Council Chambers 25*Special City Council Meeting-General Plan - 7:00 p.m., Gilroy City Council Chambers 26 SCR W A Meeting - 7: 30 a. m., 1500 Southside Drive, Gilroy 27*Mayor and Council Candidate Forum - 7:00 p.m., Gilroy City Council Chambers 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 DECEMBER 1999 6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 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 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy At 8: 10 p.m. the Mayor adjourned the meeting. RHONDA PELLIN City Clerk