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Minutes 2001/07/02 7"/ ') l -~: I Regular Meeting July 2, 2001 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Posting Agenda The City Clerk noted that the agenda had been posted on June 27,2001 at 11 :30 p.m. Roll Call Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales, Roland Velasco, Anthony C. Sudol III, and Thomas W. Springer; Absent: Councilmember Al Pinheiro - 7:03 p.m. Proc.-Bonfante The Mayor noted a proclamation for Bonfante Gardens Celebration Day - June Gardens 15,2001, which was previously presented to the recipient. Proc.-Relay for The Mayor noted a proclamation for Relay for Life, which was previously Life presented to the recipient. GPOA The Mayor noted a presentation by Jim Callahan, President, GPOA, regarding Negotiations ongoing contract negotiations. Vol. Award The Mayor presented the Volunteer of the Month of June, 2001 award to Jim Stimac. 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. Councilman Sudol stated that he was not at the last meeting, but that he has viewed the tapes and will vote on the issues. Councilman Velasco also stated that he was not at the beginning of the last meeting, but that he has viewed the tapes and will vote on the issues. Councilmember G. Arellano noted a correction to Item III.A. page 6 at the very top that Councilman Morales seconded the motion, and not Councilmember G. Arellano. (After review of the tape, the wording was not amended.) Consent Calendar The following items under the Consent Calendar were approved, by the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales, Anthony C. Sudol, Roland Velasco, and Thomas W. Springer; Absent: Councilmember Al Pinheiro: Minutes Minutes of the Regular Council Meeting of June 18, 2001; Household Amendment to Agency Agreement for Countywide Household Hazardous Hazardous Waste Program; Waste Program Tract 9162, Old Accepted Improvements for Tract 9162, The Old Orchard Company; Orchard Co. CUPA Authorized the Mayor to execute the Cooperating Agencies Agreement, that adds Sunnyvale as a CUP A; and Prop.Impr.Agr. Property Improvement Agreement No. 2001-05, and Tract Map No. 9211, 2001-05, Hidalgo, Inc., a California Corporation. Tract 9211, Hidalgo, Inc. 7 'I !:, '1 I ,),,' P & R Com. Report Pub.Hearing Liens for Garbage Sherri Stuart, Parks & Recreation Commission Chairperson, stated that the Commission had toured the Glen Lorna Ranch and reviewed the Specific Plan noting the trails that are planned. She noted that they are working on a bicycle and pedestrian element of the General Plan. She asked for action on behalf of the Commission to adopt the 20 year General Plan in concept to help pursue grants. The City Administrator explained that the Parks Master Plan has been accepted and that they can pursue grants based on that acceptance. The Mayor stated it was the time and place scheduled for a Public Hearing to consider placement ofliens for non-payment of charges for the collection of garbage, rubbish and refuse in the City of Gilroy. The staff report was noted and further explained by the City Administrator. The Mayor opened the Public Hearing. There being no comment from the audience, the Mayor closed the Public Hearing. I Res.200 1-41 Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to adopt Resolution No. 2001-41 for placement ofliens for non-payment of charges for the collection of garbage, rubbish and refuse in the City of Gilroy. Pub.Hearing Weeds and Refuse Abatement RESOLUTION NO. 2001-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING THE IMPOSITION OF A SPECIAL ASSESSMENT LIEN THE COSTS OF DELINQUENT GARBAGE COLLECTION SERVICES FOR CERTAIN PROPERTIES LOCATED IN GILROY, CALIFORNIA. PASSED AND ADOPTED this 2nd day of July, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, SUDOL, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO The Mayor stated it was the time and place scheduled for a Public Hearing on Report and Assessments for Weeds and Refuse Abatement. The staff report was noted and further explained by the City Administrator. The Mayor opened the Public Hearing. There being no comment from the audience, the Mayor closed the Public Hearing. Res.2001-42 Motion was made by Councilman Morales, seconded by Councilman Sudol and carried to adopt Resolution No. 2001-42 confirming the report of the Fire Chief and levying assessments, RESOLUTION NO. 2001-42 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 2nd day of July, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, SUDOL, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO 7 ;':) , Econ.Incentive The Mayor noted consideration of an Economic Incentive for Truck/R V Truck/RV Maintenance Facility, 5870 Monterey Road, Howard Vierra, applicant. Maintenance Facility. The City Administrator noted a document was filed last Friday and has been provided to the Council. The City Attorney stated that she has not reviewed the document Howard Vierra asked the City Council to approve the economic incentive. He stated that his project falls within the guidelines established in the economic incentive program. Motion was made by Councilman Morales, seconded by Mayor Springer and the motion did not carry (Councilmembers G. Arellano, P. Arellano, Sudol and Velasco voting no and Councilman Pinheiro absent) to enter into negotiations and prepare an economic incentive for $146,400.00 for the Truck/RV Maintenance Facility. Campaign Finance Reform The Mayor noted a request by Councilman Sudol for Campaign Finance Reform and adoption of an Emergency Ordinance of the City Council of the City of Gilroy establishing voluntary expenditure ceilings for candidates and controlled committees in municipal elections. Councilman Sudol explained his request. The City Attorney stated that she had revised the Ordinance regarding expenditure ceilings and campaign contributions and reviewed those revisions. Motion was made by Councilman Sudol, seconded by Mayor Springer and the motion did not carry (Councilmembers G. Arellano, P. Arellano, Morales and Velasco voting no and Councilman Pinheiro absent) to adopt an Emergency Ordinance to accept a campaign contribution limit of$0.35 per resident, lower the maximum contribution to $150 and $100 for those candidates who do not agree to the voluntary contribution, and not to include the bolded wording in the ordinance on the bottom of page 2 regarding civil penalties. Contribution Limit The consensus of the Council (Councilman Sudol did not agree) was to request the City Attorney prepare an ordinance to establish a contribution limit of $250 with civil penalties, and to repeal Res. No. 83-25 and Res. No. 97-43. Charter Amendments The Mayor noted a Resolution of the City Council of the City of Gilroy proposing certain amendments to the City Charter to the electors of the City for the municipal election to be held November 6,2001. Motion was made by Councilman Sudol, seconded by Councilman Velasco and carried (Councilmembers G. Arellano and P. Arellano voting no and Councilman Pinheiro absent) to not place on the ballot a Charter amendment (Section 1400) to move the election from odd to even years. Motion was made by Councilman Velasco, seconded by Councilman Sudol and the motion did not carry (Councilmembers G. Arellano, P. Arellano, Morales, and Springer voting no and Councilman Pinheiro absent) to not place on the ballot a Charter amendment (Section 1403) to change the election of Mayor from a plurality vote of the electors to a majority vote, with the possibility of a runoff election if no candidate receives a majority vote. (At 8:47 p.m. Councilman Morales left the Council Chambers and returned at 8:49 p.m.) 7 '" /~ ) I .J '.. Res.2001-43 Motion was made by Councilmember G. Arellano, seconded by Councilman P. Arellano and carried (Councilmembers Sudol and Velasco voting no and Councilman Pinheiro absent) to adopt Resolution No. 2001-43 proposing to place on the ballot a Charter amendment (Section 1403) to change the election of Mayor from a plurality vote of the electors to a majority vote, with the possibility of a runoff election if no candidate receives a majority vote as submitted. RESOLUTION NO. 2001-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROPOSING CERTAIN AMENDMENTS TO THE CITY CHARTER TO THE ELECTORS OF THE CITY FOR THE MUNICIPAL ELECTION TO BE HELD NOVEMBER 6, 2001. PAS SED AND ADOPTED this 2nd day of July, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, and SPRINGER NOES: COUNCILMEMBERS: SUDOL and VELASCO ABSENT: COUNCILMEMBERS: PINHEIRO Res.2001-44 Motion was made by Councilman Morales, seconded by Councilman P. Arellano and carried (Councilmembers Sudol and Velasco voting no and Councilman Pinheiro absent) to adopt Resolution No. 2001-44 submitting a Charter amendment (Section 1403) to change the election of Mayor from a plurality vote of the electors to a majority vote, with the possibility of a runoff election if no candidate receives a majority vote as submitted. RESOLUTION NO. 2001-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SUBMITTING CERTAIN AMENDMENTS TO THE CITY CHARTER TO THE ELECTORS OF THE CITY AT THE MUNICIPAL ELECTION TO BE HELD NOVEMBER 6,2001. PASSED AND ADOPTED this 2nd day of July, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, and SPRINGER NOES: COUNCILMEMBERS: SUDOL and VELASCO ABSENT: COUNCILMEMBERS: PINHEIRO At 9:05 p.m. the Mayor called for a ten minute recess, after which he recalled the meeting to order. Res.2001-45 Motion was made by Councilman Sudol, seconded by Councilman Velasco and carried (Councilman Pinheiro absent) to adopt Resolution No. 2001-45 approving NS 01-07, an application for Architectural and Site approval of a Planned Unit Development (PUD) on approximately 2.6 acres, APN 841-75-009, Guaranty R V Sales, applicant. RESOLUTION NO. 2001-45 A RESOLUTION OF THE CITY COUNCIL OF GILROY APPROVING NS 01-07, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 2.6 ACRES, APN 841-75-009, GUARANTY RV SALES, APPLICANT. PASSED AND ADOPTED this 2nd day of July, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, SUDOL, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO Grassroots Network The Mayor noted a request by the League of California Cities to approve the establishment and financing of a Grassroots Network, responsible for coordinating city advocacy efforts and promoting statewide League policy priorities. 7.";r r. -Y i ..1,) The staff report was noted and further explained by the City Administrator, noting that the dues increase has been budgeted. Motion was made by Councilman Sudol, seconded by Councilman Morales and carried (Councilman Pinheiro absent) to not support the establishment and financing of a Grassroots Network. Jesse A. Garcia The Mayor noted a letter of resignation from Jesse A. Garcia, Arts & A&C Com. Culture Commission. Motion was made by Councilman Sudol, seconded by Councilman Morales and carried (Councilman Pinheiro absent) to accept the resignation of Jesse A. Garcia from the Arts & Culture Commission with regrets. Council consensus was to not open an application period at this time for this Commission opening, but rather wait for the regular application time in September. League-Voting The Mayor noted a request to designate the Voting Delegate and Alternate Delegate for the League of California Cities Annual Conference. Motion was made by Councilman Velasco, seconded by Councilman Sudol and carried (Councilman Pinheiro absent) to designate Mayor Springer as the Voting Delegate and Councilmember G. Arellano as the Alternate for the League of California Cities Annual Conference. The Mayor noted the letter that was sent regarding opposition to SB 974 (Torlakson) and SB 1119 (Margett) Select Committee Councilmember G. Arellano requested to be the alternate on the Select on Housing Committee on Housing in the Silicon Valley as noted in the letter from Assemblymember Manny Diaz. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus #23-2001 dated June 15,2001; and Letter in Opposition to SB 974 (Torlakson) and SB 1119 (Margett). Customer Service: Letter from Heather Roth and Mrs. Roth regarding the DARE Program and trip to Alcatraz; Letter of thanks from Kelly Barbazette, Safe Night 2001 Committee, to the Community Services Department for the generous contribution to Gilroy's Third Annual Safe Night; Letter ofthanks from Cathy Mirelez, Cultural Arts & Museum Supervisor, to Dia Hoshida, Arts & Culture Commission, for acting as "official" hostess at the "DADDY-O" concert and helping "kick-off" the 2001 Summer Concerts in the Park Series; Email of thanks from Carla Ruigh to Dave Jackson for assistance in setting up her computer; and Email of thanks from Joe Kline to Martin Quiroz for the quick response to a computer hardware issue. 7_.' r .~ . I j 'f A& C Com. 5-8-01 Informational items: Letter from Assemblymember Manny Diaz regarding the Select Committee on Housing in the Silicon Valley; Letter from Arline Silva, Arts & Culture Commission, informing Dan and Cindy Okada, Banning Upholstery, of the decision made regarding the "Banning" mural; Letter from Arline Silva, Arts & Culture Commission, informing ESO-CAUSA of the decision made regarding the "Banning" mural; Emails received by Susan Kruse regarding bird sightings in Uvas Preserve; Letter from Ted Thoeny regarding a proposal for a new highway corridor connecting Highway 101 with Highway 156; and Letter from the Gilroy Downtown Development Corporation listing 2001 events for co-sponsorship. The minutes of the Arts and Culture Commission meeting of May 8,2001 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of May 1, 2001 were 5-1-01 noted. Lib.Com. 5-9-01 P&RCom. 5-15-01 Sr.Adv.Bd. 5-21-01 Youth Com. 5-14-01 The minutes of the Library Commission meeting of May 9, 2001 were noted. The minutes of the Parks & Recreation Commission meeting of May 15,2001 were noted. The minutes of the Senior Advisory Board meeting of May 21,2001 were noted. The minutes of the Youth Commission meeting of May 14,2001 were noted. The City Administrator stated that he will get to the Council an analysis on the Police Station and the financial loan program, and also a memo on the Sports Complex before he leaves for his conference. The Mayor noted the events on July 4th and stated that he hoped there would be a good turnout. He noted the 100th anniversary of Indian motorcycles at the event downtown. He commented on Safe Night, that it was a good event, and that Assemblymember Simon Salinas was there. Councilman Morales wished everyone a happy 4th of July. Councilman P. Arellano wished everyone a happy 4th of July and reminded everyone of the 100th anniversary of Indian Motorcycles. Councilman Sudol wished everyone a happy 4th of July. He commented that former Councilmember Lis Gifford is in the hospital and he asked everyone to keep her in their thoughts and prayers. He noted his concern with Council norms after listening to the tape of the last meeting. He requested Councilmembers not attack each other. Councilmember G. Arellano echoed everything about the 4th of July and downtown that has been mentioned. She noted concern with no stop signs on Lewis Street at Railroad and/or Alexander Streets and requested staff look into this. The Mayor noted the following meetings/events: Adjournment 7' -, I- r-- , I) ,l *Meeting will be televised on Channel 17 JULY 2001 2 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers 2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (TENTATIVELY CANCELLED) AUGUST 2001 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 C,A,.NCELLED 28 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (TENTATIVELY CANCELLED) SEPTEMBER 2001 4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 21 Council Mini-Retreat re: Various Issues - 12:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy At 9:35 p.m. the Mayor adjourned the meeting. ~~~ /s/ RHONDA PELLIN City Clerk