Minutes 2001/12/17
..
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.
Emp. Award The Mayor presented the Employee Award for the Month of December, 2001
to LeeAnn McPhillips, Human Resources Director, Administrative Services
Department.
(At 8:27 p.m. Councilman Morales left the Council Chambers and returned at
8:28 p.m.)
Vol. Award The Mayor presented the Volunteer of the Month of December, 2001 award to
Lou Fargher.
The Gilroy High School Chamber Singers sang a selection of Christmas songs.
Under Orders of the Day, the Mayor announced that agenda item VII.D. will
be continued to March 4,2002.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W.
Springer - 7:00 p.m.
Roll Call
The City Clerk noted that the agenda had been posted on December 12, 2001
at 3:45 p.m.
Posting
Agenda
Pastor Malcolm MacPhail, New Hope Community Church, gave the
Invocation.
Invocation
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
December 17, 2001
Gilroy, California
7829
7830
Consent
Calendar
Motion was made by Councilman Gartman, seconded by Councilman Arellano
and carried that the following items under the Consent Calendar be approved, by
the following Roll Call Vote: Ayes: Councilmembers: Peter D. Arellano, Robert
T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and
Thomas W. Springer:
Minutes
Minutes of the Regular Council Meeting of November 19,2001 and the
Special Council Meeting of December 10,2001;
Investment
Policy
Adopted the City of Gilroy Investment Policy for 2002;
Res.2001-79
Adopted Resolution No. 2001-79 approving the establishment of and
participation in the Santa Clara County Abandoned Vehicle Abatement Service
Authority, and authorizing the City Administrator to execute the agreement for
Santa Clara County Abandoned Vehicle Abatement Service Authority.
RESOLUTION NO. 2001-79
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
APPROVING THE ESTABLISHMENT OF AND PARTICIPATION IN THE
SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY, AND AUTHORIZING THE CITY
ADMINISTRATOR TO EXECUTE THE AGREEMENT FOR SANTA CLARA
COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY.
PASSED AND ADOPTED this 17th day of December, 2001, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Budget Budget Amendments/Transfers as recommended;
Res.2001-80 Adopted Resolution No. 2001-80 responding to a requirement of Section
50088 of the California Government Code to state reasons or implement a
Veterans' Preference Program.
RESOLUTION NO. 2001-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
RESPONDING TO A REQUIREMENT OF SECTION 50088 OF THE
CALIFORNIA GOVERNMENT CODE TO STATE REASONS OR
IMPLEMENT A VETERANS' PREFERENCE PROGRAM.
PASSED AND ADOPTED this 17th day of December, 2001, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2001-81 Adopted Resolution No. 2001-81 ordering the vacation of 0.299 acres of
Ninth Street and Public Utility Easement Reservation located on the north side of
Ninth Street between Union Pacific Railroad and Alexander Street, Gilroy,
California.
RESOLUTION NO. 2001-81
A RESOLUTION ORDERING THE VACATION OF 0.299 ACRES OF NINTH
STREET AND PUBLIC UTILITY EASEMENT RESERVATION LOCATED
ON THE NORTH SIDE OF NINTH STREET BETWEEN UNION PACIFIC
RAILROAD AND ALEXANDER STREET, GILROY, CALIFORNIA.
PASSED AND ADOPTED this 17th day of December, 2001, by the following
vote;
7831
A YES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2001-82 Adopted Resolution No. 2001-82 ordering the vacation of 0.261 acres of
Ninth Street and Public Utility Easement Reservation located on the north side of
Ninth Street between Union Pacific Railroad and Alexander Street, Gilroy,
California.
RESOLUTION NO. 2001-82
A RESOLUTION ORDERING THE VACATION OF 0.261 ACRES OF NINTH
STREET AND PUBLIC UTILITY EASEMENT RESERVATION LOCATED
ON THE NORTH SIDE OF NINTH STREET BETWEEN UNION PACIFIC
RAILROAD AND ALEXANDER STREET, GILROY, CALIFORNIA.
PASSED AND ADOPTED this 17th day of December, 2001, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.200 1-83 Adopted Resolution No. 2001-83 ordering the vacation of a certain portion of
Ninth Street and Public Utility Easement Reservation located on the north side of
Ninth Street between Union Pacific Railroad and Alexander Street, Gilroy,
California.
RESOLUTION NO. 2001-83
A RESOLUTION ORDERING THE V ACA TION OF A CERTAIN PORTION
OF NINTH STREET AND PUBLIC UTILITY EASEMENT RESERVATION
LOCATED ON THE NORTH SIDE OF NINTH STREET BETWEEN UNION
PACIFIC RAILROAD AND ALEXANDER STREET, GILROY, CALIFORNIA.
PASSED AND ADOPTED this 17th day of December, 2001, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Bonfante
Gardens
The Mayor noted a request of Councilman Pinheiro for reconsideration of
Michael Bonfante's request to discuss possible business concepts for Bonfante
Gardens Theme Park.
Councilman Pinheiro explained why he wanted this issue to be brought forth
again before the Council. He stated that it was not because he had changed his
mind, but that he wanted to find a solution to this problem, and wanted to hear
what Mr. Bonfante had to say.
Councilman Pinheiro moved to reconsider this request, seconded by
Councilman Morales and carried.
Councilman Pinheiro reviewed his proposal for the Bonfante Gardens request.
Michael Bonfante thanked the four Councilmembers who voted against the
proposal, for spending time this week discussing the proposal with him. He stated
that this agreement is more than acceptable to him.
Rob Oneto, RJA Associates, explained that the 85 units fits within the Hecker
Pass Specific Plan densities, although they are still looking at the type of units.
Sarah Goodwin asked that the Council save Bonfante Gardens. She stated that
she has about 90 signatures of others that want it saved.
7832
(At 8: 13 p.m. Councilman Morales left the Council Chambers, and returned at
8: 14 p.m.)
Gandi Holson, 7417 Church Street, Gilroy, stated she is upset at the misuse of
money. She stated her opposition for approval of this request.
Pam Rogers thanked the Council for listening to her. She noted her support
for this request.
Sam Gartman noted that he is a friend of Michael Bonfante's. He noted that
he does not just toss the money away, and that he does have a plan.
Councilman Arellano asked that the language be changed from "the RDOs
would revert back to the City of Gilroy" to that they would "cease to exist".
Councilman Morales requested that the 85 RDOs not come from the exempt
category, that Bonfante Gardens maximizes the education portion, that Bonfante
Gardens works together with the City of Gilroy for use of the Bonfante Gardens
facilities, and stated that he would like to see a member of the Youth Commission
be a part of the Board.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to approve the Bonfante Garden's Proposal as reviewed, with the
amendments as noted above, to include a friendly amendment by Councilman
Gartman that the wording be changed from "One member of the Board will be
Michael Bonfante" to include "or an heir identified by Michael Bonfante."
At 8:48 p.m. the Mayor called for a recess, after which he recalled the meeting
to order.
Animals & Fowl The Mayor noted an Ordinance of the City of Gilroy amending Section 4.1 of
Article I of, and adding Sections 4.35 and 4.36 to Article IV of, Chapter 4 of the
Gilroy City Code, pertaining to animals and fowl.
Motion was made by Councilman Gartman, seconded by Councilman Morales
and carried 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 Dillon
and carried to introduce the Ordinance amending Section 4. 1 of Article I of, and
adding Sections 4.35 and 4.36 to Article IV of, Chapter 4 of the Gilroy City Code,
pertaining to animals and fowl.
Z 01-06
The Mayor stated that it was the time and place scheduled for a continued
Public Hearing on a proposed addition of a new section to the text of the City
Zoning Ordinance, specifically Section 50.23 Reasonable Accommodation,
pursuant to the Federal Fair Housing Amendments Act of 1998. City of Gilroy,
applicant, Z 01-06.
The staff report was noted and further explained by Planner I Polubinsky.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to direct staff to prepare an ordinance approving Z 01-06.
Z 01-02
The Mayor stated that it was the time and place scheduled for a continued
Public Hearing on a Zone Change request to change the zoning designation from
Rl (Single Family Residential) to RI-PUD (Single Family Residential-Planned
Unit Development), on property located on Kern Avenue, north of Lawrence
Drive. Syncon Homes of California, applicant, Z 01-02.
TM 00-09
Z 00-09
TM 00-04
..t
Z 01-05
7833
Motion was made by Councilman Morales, seconded by Councilman Gartman
and carried to continue the request to January 22, 2002 due to continuance by the
Planning Commission.
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Tentative Map request to subdivide approximately 1::f: acre of land to
create 6 single family residential lots on property zoned Rl (Single Family
Residential) located at 8810 Kern Avenue. Syncon Homes of California, applicant,
TM 00-09.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to continue the request to January 22,2002 due to continuance by the
Planning Commission.
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Zone Change request to change the zoning designation from Al
(Agriculture) to Rl (Single Family Residential), on property located east of Wren
Avenue, and adjacent to Vickery Avenue. Gilroy Unified School District,
applicant, Z 00-09.
Motion as made by Councilman Arellano, seconded by Councilman Morales
and carried to continue the request to March 4,2002 at the applicant's request.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide 4.81 ::!:: acres to create 12 residential lots on
property zoned Rl (Single Family Residential), located on property south of
Sunrise Drive, and west of Santa Teresa Boulevard. Pinn Brothers Construction,
Inc., applicant, TM 00-04.
Councilman Gartman recused himself from discussion and vote on this issue
due to the proximity of his residence to this project.
The staff report was noted and further explained by Planner II Durkin and
Community Development Director Allen.
The Mayor opened the Public Hearing.
Mark Fachin, RJA Associates, stated that he was present to answer any
questions.
Jerry DeYoung, Ruth and Going, noted there is property in the area for which
they are interested in applying for RDO units. He noted that this would help the
circulation in the area.
The Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Velasco
and carried (Councilman Gartman absent) to approve the Mitigated Negative
Declaration, finding that (a) it is completed in compliance with CEQA; (b) it
reflects the independent judgment of the City; and (c) there is no substantial
evidence that the project will have a significant effect on the environment.
Motion was made by Councilman Velasco, seconded by Councilman Pinheiro
and carried (Councilman Gartman absent) to direct staff to prepare a resolution
approving TM 00-04.
Councilman Gartman returned to his seat at the dais.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Zone Change request to rezone 3.19 acres from A 1 (Agriculture) to RH
(Residential Hillside), on property located at 6395 Miller Avenue. Kenneth
Thomas, applicant, Z 01-05.
The staff report was noted and further explained by Planner I Polubinsky.
7834
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried to approve the Mitigated Negative Declaration, finding that (a) it is
completed in compliance with CEQA; (b) it reflects the independent judgment of
the City; and (c) there is no substantial evidence that the project will have a
significant effect on the environment.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to direct staff to prepare an ordinance approving Z 01-05.
(At 9:35 p.m. Councilman Pinheiro left the Council Chambers, and returned at
9:38 p.m.)
Z 01-08
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Zoning Text Amendment changing Section 34 Fences and Obstructions, to
clarifY that wire mesh fences adjacent to the street are prohibited in all residential
and commercial districts and to revise swimming pool fencing so that it complies
with state law and safety requirements. City of Gilroy, applicant, Z 01-08.
The staff report was noted and further explained by Planner I Polubinsky.
(At 9:46 p.m. Councilman Morales left the Council Chambers, and returned at
9:47 p.m.)
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Motion was made by Councilman Pinheiro, seconded by Councilman Gartman
and carried to direct staff to prepare an ordinance approving Z 01-08.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to research generally the issue of fencing in commercial zones, with no
specified time to complete the task.
Bd.lCom. The Mayor noted discussion for appointments of Board Members and
Appointments Commissioners for terms expiring December 31, 2001 and unexpired vacancies.
Motion was made by Councilman Gartman, seconded by Councilman Arellano
and carried to appoint the following board members and commissioners: Arts and
Culture Commission - Andrea Habing, Lael McCormack, and Arline Silva; Library
Commission - Tony Fuentes; Parks and Recreation Commission - Kai S. Lai, Al
Navaroli, and Shawn M. Weymouth; Personnel Commission - Antonia (Toni)
Ferreira and Annie M. Tomasello; Planning Commission - Cat Tucker and Russ
Valiquette, Building Board of Appeals Larry Kent and James Suner; and the
Physically Challenged Board of Appeals Barbara Cabello Khan and Walter B.
Schinke.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #41-2001 dated November 30,
2001.
Customer Service:
Email of appreciation from John Greenhut to Kristi Abrams for her assistance
with an annual permit for a local company;
~
Email of thanks regarding the EI Portal Leadership Academy presentation on
December 5, 2001;
"
7835
Memo ofthanks from Joe Kline to Melissa Durkin for the excellent
presentation on Planning and Land Use Overview she gave to the EI Portal
Leadership Academy students on December 5, 2001;
Memo of thanks from Bob Connelly to Jose Muniz, Tom Gotterba, Paul
Bischoff, Steve Eddlemon, Rick Brandini, Wade Berry, Rick Bryde, Chris Weske,
Don Popma, David Vilchis, Eligio Parraz, Patricia Bautista, and Paul Guillen for
their participation and prompt response during a weekend rain and wind storm;
and
Memo of thanks from Joe Kline to Jay Baksa for his presentation to Mr.
McMurray's Gilroy High government class students on November 29,2001.
Informational items:
City of Gilroy Investment Report dated October, 2001;
Gilroy Economic Development Corporation minutes of November 2,2001;
Letter of thanks from Norman S. Allen to Wayne Cegelske for the use ofthe
Veteran's Hall on November 20,2001;
Gilroy Visitors Bureau Board of Directors Minutes of October 10,2001 and
November 13, 2001; and
Information from the Advisory Council of the Council on Aging.
Personnel Com. The minutes ofthe Personnel Commission meeting of November 19, 2001
11-19-01 were noted.
Planning Com. The report of the Planning Commission meeting of December 6,2001 was
12-6-01 was noted.
SCRWA
11-27-01
The minutes of the South County Regional Wastewater Authority meeting of
November 27,2001 were noted.
(At 10: 12 p.m. Councilman Dillon left the Council Chambers and returned at
10: 13 p.m.)
The City Administrator distributed a list of upcoming meetings and what has
been accomplished this year. He noted the RDO Joint Session on January 28,
2002 and the Joint Meeting with the Gilroy Unified School District on January 29,
2002. He stated that he would probably set a study session in January, 2002 for
the Santa Teresa expressway design. He stated that he would also set a study
session in January on the paramedic issue. He asked the Councilmembers to get
with him regarding any specific General Plan issues that were brought up with
Marilyn Manning today. He noted the LAFCO hearing, which did not go well. He
requested letters be sent to LAFCO regarding the City's philosophical issues
having to do with the endorsement issue and Santa Clara County to ask for the
County's help and intervene on our behalf and try to have a workshop with them.
Council consensus was to send the two letters.
The Mayor stated that the City approached LAFCO as a member of a three-
way partnership, and we were treated rudely. The Mayor noted that the Gilroy
High School choir sang at the Cities Association Christmas dinner, that his
colleagues were thoroughly impressed, and thanked the choir for their
presentation. He noted that there will be replays on Channel 17 of the Choir
performance tonight. He stated that he will be unable to attend the League of
Cities conference starting tomorrow, and therefore a new voting d~legate is
needed. Councilman Morales volunteered to be the voting delegate, with no
alternate for this year.
7836
Councilman Dillon stated that he appreciates the collegiality of the Council and
hopes that everyone has a happy holiday and avoids the 13. He noted that he
appreciated the help in lawmaking tonight.
Councilman Morales wished everyone a Merry Christmas and encouraged
sharing and giving to our community. He asked that the citizens consider St.
Joseph's, Salvation Army, Toys for Tots, and most of all, the children in need.
Councilman Arellano thanked everyone for the gifts, and wished the
community happy holidays. He requested that everyone give that extra dollar to
someone ringing a bell.
Councilman Pinheiro wished his colleagues and staff a safe and happy holiday
with family and the community in general. He asked that everyone find some way
to help someone in need. He wished everyone a Merry Christmas.
Councilman Gartman thanked the choir for making themselves available. He
expressed happy holiday wishes to his colleagues and staff and everyone out in the
community.
Councilman Velasco wished happy holidays to the community and to his
colleagues that they have a safe and merry holiday season, as well as to City staff
The City Attorney wished everyone a Merry Christmas and happy holidays.
The Mayor asked everyone to take a moment and show a bit of kindness,
especially to the children. He wished everyone a Merry Christmas, Happy
Hanukah, and that everyone enjoy the season.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
DECEMBER 2001
17 Administrative Services Department Report - 5:30 p.m., City Council
Chambers
17 Review of Conceptual Library Design and South Monterey Median Landscape
Improvements - 6:00 p.m., Gilroy City Council Chambers
17*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - CANCEl_LED
JANUARY 2002
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
18 Annual Retreat - 8:00 a.m. to 4:00 p.m. (dinner to be held at 6:00 p.m. -
location to be determined), Temporary Environmental Education Center
(TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue,
Gilroy, California
19 Annual Retreat - 9:00 a.m. to 2:00 p.m., Temporary Environmental Education
Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller
Avenue, Gilroy, California
22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
22*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
28 Joint CouncillPlanning Commission Study Session - Review ofthe RDO-
7:00 p.m., Location To Be Determined
29 Quarterly Workshop with the Gilroy Unified School Board -7:00 p.m.,
Temporary Environmental Education Center (TEEC) building at the Ranch
Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California
FEBRUARY 2002
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 *Joint CouncillPlanning Commission Study Session - Review the 2003 CIB-
7:00 p.m., Gilroy City Council Chambers
12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
7837
19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
MARCH 2002
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
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
26 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 10:28 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
) -
c~ ,z4Hd'r CdJh4--
/sl RHONDA PELLIN
City Clerk