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Minutes 2000/01/18 .'. ._-~...,. ,'.. .~-.,,,,, "-'-""".. ."", .--....,---~ 7464 Regular Meeting January 18,2000 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Invocation Father Dan Derry, St. Mary's Catholic Church, gave the Invocation. Posting Agenda The City Clerk noted that the Agenda had been posted on January 13,2000 at 8:40 a.m. Roll Call Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales (arrived 8:08 p.m.), Al Pinheiro, Roland Velasco, and Thomas W. Springer; Absent: Councilmember Anthony C. Sudol III - 7:02 p.m. Proc.-Vietnamese The Mayor noted a proclamation for Vietnamese Community Week, January Community 31,2000 to February 6, 2000, which was previously mailed to Indochinese Week Resettlement and Cultural Center, Inc. Cert. of Dina Campeau, Emergency Housing Consortium, presented a certificate of Appreciation appreciation to the City of Gilroy. Proc.-Nestor The Mayor presented proclamations of commendation to Nestor Quinonez, Quinonez, Rosa Quinonez, Drew Viale and Daniel Contreras. Rosa Quinonez, Drew Viale, and Daniel Contreras Vol. Award The Mayor presented the Volunteer of the Month of January, 2000 Award to Phil Buchanan. 7 .. ,0 ,.. . I (,.,j ,.~ ! '..... . Emp. Award The Mayor presented the Employee Award for the Month of December, 2000, to Rodger Maggio, Deputy Fire Marshal, Community Development Department. US. Census Presentation The Mayor noted a presentation by Fred Casillas and Judy McTighe, US. Census 2000 Partnership Programs, U S. Department of Commerce, regarding Census 2000. Consent Calendar Motion was made by Councilman Pinheiro, seconded by Councilman Velasco and carried that the following items under the Consent Calendar be approved, by the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Al Pinheiro, Roland Velasco, and Thomas W. Springer; Absent: Councilmembers Charles S. Morales and Anthony C. Sudol III: Minutes Minutes of the Regular Council Meeting of January 3, 2000; Res. 2000-02 Resolution No. 2000-02 establishing the January, 2000 Salary Schedule for Exempt Personnel; RESOLUTION NO. 2000-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY EST ABLISHING THE JANUARY, 2000 SALARY SCHEDULE FOR EXEMPT PERSONNEL. PASSED AND ADOPTED this 18th day of January, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MORALES and SUDOL Res. 2000-03 Resolution establishing the January, 2000 Salary Schedule for the Gilroy Police Officers Association; RESOLUTION NO. 2000-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE JANUARY, 2000 SALARY SCHEDULE FOR THE GILROY POLICE OFFICERS ASSOCIATION. PASSED AND ADOPTED this 18th day of January, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MORALES and SUDOL Res. 2000-04 Resolution No. 2000-04 establishing the January, 2000 Salary Schedule for the Miscellaneous Employees Association; RESOLUTION NO. 2000-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE JANUARY, 2000 SALARY SCHEDULE FOR THE MISCELLANEOUS EMPLOYEES ASSOCIATION. PASSED AND ADOPTED this 18th day of January, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MORALES and SUDOL Ochoa Migrant Approved providing $7,536.00 for the operation of the Winter Shelter Center Program - Ochoa Migrant Center; and Claims Denied claims of Alan Anderson and Fred Mireles. Com. Dev. Dept. Norm Allen, Community Development Director, reviewed the building activity Report over the last five years. He also gave an update on the downtown grants. Annabel Y urutucu reported on the Welfare to Work Grant (Councilman Morales arrived at 8:08 p.m. and took his seat at the dais.) 746() Bid-Water Main The City Administrator presented recommendations to award the bid for Water Replacement Main Replacement Project (Project No. 99-CDD-516) to Pacific Underground Project Construction Company, Inc. in the amount of$631,205.00. Motion was made by Councilmember G. Arellano, seconded by Councilman Morales and carried (Councilman Sudol absent) to award the bid for the Water Main Replacement Project (Project No. 99-CDD-516) to Pacific Underground Construction Company, Inc. in the amount of $631,205.00. Pub.Hearing TM 99-08 The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request by Wellington Business Park to subdivide 104 acres into 21 industrial parcels ranging from 2.7 to 10.9 acres, on property zoned M2 (General Industrial), located along the south side of Highway 152, north of an east of Silacci Way. Wellington Corporation, applicant, TM 99-08. Motion was made by Councilmember G. Arellano, seconded by Councilman Morales and carried (Councilman Sudol absent) to continue the Public Hearing to February 7, 2000. Z 98-07 The Mayor noted an Ordinance of the City Council of the City of Gilroy amending Section 37 (Sign Regulations) of the Gilroy Zoning Ordinance by adding a new section 37.58 (Regional-Serving Commercial Development) to the Gilroy Zoning Ordinance, Z 98-07, City of Gilroy, applicant. The Mayor stated that Councilman Sudol has requested this item be continued to February 7, 2000. Motion was made by Councilman Pinheiro, seconded by Councilman Velasco and the motion did not carry (Councilmembers G. Arellano, P. Arellano, and Morales voting no and Councilman Sudol absent) to continue this request to February 7, 2000. Motion was made by Councilmember G. Arellano, seconded by Councilman Morales and the motion and second were withdrawn to not adopt the ordinance. There was consensus by the Council that the issue of a Councilmember's request to continue an item be placed on the retreat agenda. Motion was made by Councilmember G. Arellano, seconded by Councilman Morales and carried (Councilman Sudol absent) that at the request of Councilman Sudol who is ill, that this item be continued to February 7, 2000 as per his request. Motion was made by Councilman Velasco to amend the previous motion to strike Councilman Sudol's name from the motion, and the motion died for lack of a second. Fibre Innovations The Mayor noted a request for an Economic Incentive credit of$140,000.00 for Fibre Innovations LLC to construct an industrial facility on Alexander Street, south of Tenth Street. The City Administrator reviewed the Economic Incentive Policy and Community Development Director Allen reviewed the staff report and request. Motion was made by Councilmember G. Arellano, seconded by Councilman Morales and carried (Councilman Sudol absent) to approve the terms and Economic Incentive Agreement for Fibre Innovations LLC. Street Sweeping The City Administrator reviewed a Street Sweeping Proposal by South Valley Disposal & Recycling, Inc. John Nicoletti, South Valley Disposal & Recycling, Inc., commented on how the street sweeping is working in Morgan Hill, noting that he receives about two complaints a week. Cardroom Games Cardroom Games 7 ~ ...., "'I () I Motion was made by Councilmember G. Arellano, seconded by Councilman P. Arellano and carried (Councilman Sudol absent) to approve the street sweeping proposal and adopt revised collection rates. The Mayor noted an Ordinance of the City Council of the City of Gilroy amending Section 16.6-1 of the Gilroy City Code relating to permissible gambling games in City cardrooms. City Attorney Callon and Sgt. Don Kludt reviewed the request, noting that this allows local control of games played in Gilroy cardrooms. Councilmember G. Arellano requested Pan and Razz be removed from the list. Raul Rivas, Garlic City Club, stated that he would like to leave Pan, also called Pangini, on the list, but agreed that Razz could be taken off the list. He also requested the words "also known as Mexican Stud" be added next to Stud Hi. Motion was made by Councilman Morales, seconded by Councilmember G. 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 Councilmember G. Arellano, seconded by Councilman Velasco and carried (Councilman Sudol absent) to introduce the ordinance amending Section 16.6-1 of the Gilroy City Code, subject to minor typographical revisions to Section II. The Mayor noted a Resolution of the City Council of the City of Gilroy setting forth permissible games authorized for play in cardrooms pursuant to Gilroy Municipal Code Section 16.6-1 et seq. Motion was made by Councilman Velasco, seconded by Councilman Pinheiro to adopt a resolution setting forth permissible games authorized for play in cardrooms pursuant to Gilroy Municipal Code Section 16.6-1 et seq., replacing Pan with Pangini on 5 and adding 8. Mexican Stud Poker. No action was taken on this motion due to a later motion that was adopted to postpone indefinitely the main motion. Councilman P. Arellano requested a friendly amendment to the motion to delete Razz and Councilman Velasco did not agree to the amendment. Motion was made by Councilman P. Arellano, seconded by Councilmember G. Arellano and the motion did not carry (Councilmembers Morales, Pinheiro and Velasco voting no and Councilman Sudol absent) to amend the above motion by deleting Razz. Motion was made by Councilman P. Arellano and the motion died for lack of a second to amend the first motion by deleting Pangini. Motion was made by Councilmember G. Arellano, seconded by Councilman P. Arellano and carried (Councilman Sudol absent) to table action on this item to a future date (postpone indefinitely), to allow the Police Department to obtain additional information on the proposed game of Pan. 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 information items were noted with no separate discussion on same. Legislation: 7468 The Mayor noted and questioned whether the Council would like to draft a letter to State legislators to strengthen the law regarding penalties for sales of alcoholic beverages to minors. The consensus of the Council was to not move this forward. League of California Cities Legislative Bulletin #1-2000 dated January 7, 2000; and League of California Cities - The 1999 Legislative Year: Analysis and Summary. Customer Service: Letter ofthanks from Noel Provost, RATTF Investigator/GHS Instructor, and the GHS Law Enforcement Class-Fall Semester to Community Service Officer Al Castro for his presentation to the class; Letter of thanks from Libby Lai, MESA Advisor, Las Animas School, to David Olds for his presentation on Fire Science; E-mail ofthanks from Craig Gartman to Jay Baksa and staff for hosting the recent orientation for new Councilmembers and Planning Commission members; and Letter to the Editor of the Gilroy Dispatch from Sheri Meskimen regarding the placement of stop signs near Brownell Academy. Informational items: Letter from Kenton P. Byers, Chief Counsel, Department of Alcoholic Beverage Control, to Linda Callon regarding penalties for sales of alcoholic beverages to minors; Gilroy Economic Development Corporation minutes of December 17, 1999; Gilroy Visitors Bureau Advisory Council minutes of December 15, 1999; Schedule for Streetscape Vision and Conceptual Plan; Letter from Mayor Springer to Senator McPherson regarding $1.3 Million Track Project to provide commuter train service to San Benito and Monterey Counties; Falcon Cable Systems Company 1999 Fourth Quarter Customer Service Report; and Letter from Mayor Springer to Peter Cipolla, VT A, reaffirming the City of Gilroy support for the Gilroy Transit Center project. SCRWA 11-23-99 11-9-99 The minutes of the South County Regional Wastewater Authority meeting of November 23, 1999 and corrected minutes of November 9, 1999 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of December 7, 1999 12-7-99 were noted. Library Com. 12-8-99 The minutes of the Library Commission meeting of December 8, 1999 were noted. P&RCom. 12-14-99 The minutes of the Parks & Recreation Commission meeting of December 14, 1999 were noted. Personnel Com. The minutes of the Personnel Commission meeting of December 13, 1999 were 12-13-99 noted. 7~.....", , ,'I --., ." . ~..J ' Planning Com. The minutes of the regular Planning Commission meeting of November 4, 11-4-99 1999 and special Planning Commission meetings of November 16, 1999 and 11-16-99 December 16, 1999 were noted. 12-16-99 The City Administrator distributed a consolidation of comments on the General Plan, and Council agreed that the January 24th meeting will be devoted to the Hecker Pass issue. It was agreed that Bill Faus will group items for the January 31 st and future meetings. The City Administrator stated that regarding Cable TV, the three cities are working on a group effort for implementation, and that they are negotiating with Sue Buske as the consultant. Both Anniversary The Mayor requested to form a committee for the City's BOth anniversary Celebration celebration. He suggested that Connie Rogers head up the committee, and Councilmembers G. Arellano and Morales volunteered to be on the Committee. The Mayor questioned where the Council would like to go for dinner after the first day of the Council retreat, and Council agreed to have dinner at Harvest Time at 5:30 p.m. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 34 JANUARY 2000 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 20 Joint Workshop with Arts & Culture Commission - Public Art Policy - 5:30 p.m., Gilroy City Council Chambers 24*Special Meeting - General Plan Public Hearing - 7:00 p.m., City Council Chambers 25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 31 * Special Meeting - General Plan Public Hearing - 7:00 p.m., City Council Chambers FEBRUARY 2000 7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 9 Annual Retreat - 8:30 a.m. to 9:00 p.m. (including dinner off-site-Iocation to be determined), Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 10 Annual Retreat - 8:30 a.m. to 4:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 22 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 22*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 28*Joint Study Session with Planning Commission - CIB - 7:00 p.m., Council Chambers MARCH 2000 6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 Ouarterly Meeting with School Board - 7:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site Christmas Hill Park, 7049 Miller Avenue, Gilroy 13 * Special Meeting - General Plan Public Hearing - 7:00 p.m., 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 27*Special Meeting - General Plan Public Hearing - 7:00 p.m., City Council Chambers 28 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 11:45 p.m. the Mayor adjourned the meeting. SUbmi~. /s/ RHONDA PELLIN City Clerk