Minutes 2000/10/16
7618
Invocation
Posting
Agenda
Roll Call
Teri Patane
Emp. Award
Proc. -Escrow
Month
Vol. Award
Vol. Award
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Regular Meeting
October 16, 2000
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Lee Neish, United Methodist Church, gave the Invocation.
The City Clerk noted that the Agenda had been posted on October 11, 2000
at 9:35 a.m.
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W.
Springer - 7:02 p.m.
The Mayor noted the passing of City employee Teri Patane on October 6,
2000 and stated that he will adjourn this meeting in memory of her.
The Mayor presented the Employee of the Year Award for 1999-2000 to Bob
Bozzo, Facilities Maintenance Specialist, Administrative Services Department.
The Mayor noted a proclamation for Escrow Month, October, 2000, which
was previously presented.
The Mayor presented the Volunteer of the Month of September, 2000 award
to Georgia Stern.
The Mayor presented the Volunteer of the Month of October, 2000 award to
John Stelling.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Robert Collins, 935 Third Street #Q-63, Gilroy, noted harassment and
intimidation regarding his service animal. He commented on character
assassination tactics by a Community Service Officer from the City of Gilroy. He
requested the City Council address this issue.
Consent
Calendar
Minutes
Claim
CAL-ID
76
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Bonfantes, noting that he hopes that people will support them. He noted concern
with Countryside Day Care. He commented on his concern with a brother and
sister on the Council and the City Administrator sitting on the Council. He noted
concern with a nurse being arrested. He commented regarding public television
and the decision to not televise study sessions. He noted concern regarding repair
of sidewalks. He questioned why the Police Department is not building a second
story instead of building a new facility.
Motion was made by Councilman Morales, 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, Charles S. Morales, Al Pinheiro, Anthony C. Sudol III, Roland
Velasco, and Thomas W. Springer:
Minutes of the Regular Council Meeting of October 2, 2000;
Denied claim of Edward Andrews;
Amended and Restated Agreement to Provide Local Law Enforcement Agency
Access to the California Identification (CAL-ID) System;
Prop.Imp.Agr. Property Improvement Agreement No. 2000-37, Southpoint Business Park
No.2000-37 Associates, a California Joint Venture;
Southpt.Bus.Pk.
Prop.Imp.Agr. Property Improvement Agreement No. 2000-38, Tract No. 9303, Villagio,
NO.2000-38 APNs 808-20-021, 020 & 023, The Old Orchard Co., a California Corporation,
Villagio DBA Orchard Valley Communities; and
Radiation Development Fee Deferral Agreement with Southpoint Business Associates for
Detection Co. Radiation Detection Company, Incorporated.
Pub.Hearing
Bonfante
Gardens
The Mayor stated it was the time and place schedule for a Public Hearing
concerning the issuance by California Statewide Communities Development
Authority of its tax-exempt obligations in an aggregate principal amount not
expected to exceed $3,500,000. Proceeds of the Obligations are to be made
available to Bonfante Gardens, Inc., a nonprofit public benefit corporation
pursuant to a Loan Agreement to finance the acquisition of equipment to be used
in a horticulturally-based theme park at 3050 Hecker Pass Highway, Gilroy,
California and to pay related expenses.
Councilmember G. Arellano recused herself as her husband works for Bonfante
Gardens and stepped away from the dais.
The staff report was noted and further explained by Administrative Services
Director Dorn.
Chick Adams, Jones Hall, stated there are no statutes to require payment of
prevailing wages, as this is a private project rather than a City public works
project.
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
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Res.2000-69 Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried to adopt Resolution No. 2000-69 approving the issuance of tax-
exempt obligations.
RESOLUTION NO. 2000-69
A RESOLUTION APPROVING THE ISSUANCE OF TAX-EXEMPT
OBLIGATIONS BY THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY.
PASSED AND ADOPTED this 16th day of October, 2000, by the following vote;
AYES: COUNCILMEMBERS: P. ARELLANO, MORALES, PINHEIRO,
SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: G. ARELLANO
Pub.Hearing
Bonfante
Gardens
The Mayor stated it was the time and place scheduled for a Public Hearing to
consider approval of the issuance of the City of Gilroy of one or more series of
revenue bonds in a principal amount of not to exceed approximately Forty-five
Million Dollars ($45,000,000) for the purpose of assisting in the financing of the
construction of the Bonfante Gardens recreational theme park project in the City
of Gilroy, California.
The Mayor opened the Public Hearing.
Neil Struthers, Building and Construction Trades Council, asked that the City
Council discuss implications and require that prevailing wages be paid.
The Mayor closed the Public Hearing.
Craig Hill, Northcross, Hill & ACH, LLC, noted that the documents in front of
the Council tonight have been in the works for eleven months. He noted that Mr.
Bonfante has been trying to finance this project for many years. He noted that
90% of this project is complete, and they may have a problem retroactively
requiring payment of prevailing wages. He noted that it may be a concern of the
proposed investors.
Michael Bonfante stated that he is building this project to give back to the
community. He noted that 90% of the work has been done by local contractors.
He explained that they are paying competitive wages. He stated about 70% of the
major work is done, and they are under contract to perform the final 30%.
Chick Adams stated that conditions cannot be placed on existing contracts that
have already been let.
Mr. Struthers stated that prevailing wages do not necessarily increase the cost
of a project. He stated that he would like future contracts to include the
requirement of prevailing wages.
Councilman Morales stated that he would like that requirement put into the
future contracts.
Res.2000-70 Motion was made by Councilman Velasco, seconded by Councilman Sudol and
carried to adopt Resolution No. 2000-70 approving and authorizing the execution
of certain documents for the financing of the Bonfante Gardens project and
directing certain actions with respect thereto.
Motion was made by Councilman Morales, seconded by Councilman P.
Arellano and the motion did not carry (Councilmembers Pinheiro, Sudol, Velasco
and Springer voting no and Councilmember G. Arellano absent) offering an
amendment to the motion to add a requirement for the payment of prevailing
wages on future contracts.
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RESOLUTION NO. 2000-70
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF
CERTAIN DOCUMENTS FOR THE FINANCING OF THE BONFANTE
GARDENS PROJECT AND DIRECTING CERTAIN ACTIONS WITH
RESPECT THERETO.
PASSED AND ADOPTED this 16th day of October, 2000, by the following vote;
AYES: COUNCILMEMBERS: PINHEIRO, SUDOL, VELASCO and
SPRINGER
NOES: COUNCILMEMBERS: P. ARELLANO and MORALES
ABSENT:COUNCILMEMBERS: G.ARELLANO
Councilman Morales stated that his no vote was not against the project, but
rather that he wanted the prevailing wage requirement clause added.
Michael Bonfante clarified how the financing for this project has proceeded,
explaining that they had to find someone willing to invest $45 million in the
project. He stated that he was a little discouraged in that they are trying to do
something good, but felt that the two Councilmembers didn't have all the facts.
Councilmember G. Arellano returned to her seat at the dais.
AlS 00-22
The Mayor noted a Resolution of the City Council of the City of Gilroy
approving AlS 00-22 (PUD), an application for Master Architectural and Site
Approval of a Planned Unit Development (PUD) involving approximately 104
acres, APN s 841-17-080 and 841-17-004 , Wellington Corporation of Northern
California, applicant.
The staff memorandum was noted and further explained by Planner II Durkin.
Res.2000-71 Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried to adopt Resolution No. 2000-71 approving AlS 00-22.
RESOLUTION NO. 2000-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AlS 00-22 (PUD), AN APPLICATION FOR MASTER
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT
DEVELOPMENT (PUD) INVOLVING APPROXIMATELY 104 ACRES,
APNS 841-17-080 AND 841-17-004, WELLINGTON CORPORATION OF
NORTHERN CALIFORNIA, APPLICANT.
PASSED AND ADOPTED this 16th day of October, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Local Limits The Mayor noted an Ordinance of the City of Gilroy adopting an ordinance of
the South County Wastewater Authority repealing and adding Section 2.4 of
Ordinance 93-1, the Pretreatment and Sewer Use Ordinance, regarding local
pollutant limits for wastewater discharges by industrial users, and amending
Section 19.1 02(p) of the Gilroy City Code.
Motion was made by Councilman Pinheiro, seconded by Councilman Sudol
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 Sudol, seconded by Councilman Pinheiro
and carried to introduce the Ordinance adopting an ordinance of the South County
Wastewater Authority repealing and adding Section 2.4 of Ordinance 93-1, and
amending Section 19.1 02(p) of the Gilroy City Code.
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Shopping Carts The Mayor noted an Ordinance of the City Council of the City of Gilroy
repealing and adding Chapter 19 A of the Gilroy Municipal Code regulating
shopping carts.
The staff report was noted and further explained by the City Administrator.
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried (Councilman Pinheiro voting no) to read the Ordinance by
title only and waive further reading of the Ordinance. The City Clerk read the
ordinance by title only.
The Cit~ Administrator clarified that no changes can be made to the ordinance,
as the State preempts the City on this issue.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to introduce the Ordinance repealing and adding Chapter 19 A of the Gilroy
Municipal Code.
Service Cost
Update
The Mayor noted implementation of the Revenue & Cost Specialists, LLC
service cost update.
The staff memorandum was noted and further explained by the City
Administrator.
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried to direct staff to prepare an ordinance revising Section 7.4 of
the City Code.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #11-2000 dated October 3,2000.
Customer Service:
Note of thanks from Mike Terasaki to Jay Baksa and the City of Gilroy for his
nomination as the Employee of the Month.
Informational items:
Gilroy Economic Development Corporation minutes of September 18, 2000;
and
City of Gilroy Investment Report September, 2000.
P & R Com.
10-5-00
The report of the Parks and Recreation Commission meeting of October 5,
2000 was noted.
Motion was made by Councilman Sudol, seconded by Councilman Pinheiro
and carried to approve candidates for the BicycleIPedestrian Advisory Board.
Personnel Com. The minutes of the Personnel Commission meeting of September 11, 2000
9-11-00 were noted.
SCRWA
8-29-00
9-26-00
The minutes of the South County Regional Wastewater Authority meetings of
August 29, 2000 and September 26, 2000 were noted.
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The City Administrator distributed an outline agenda for the November 13,
2000 on the RDO numerical growth limits. He distributed information regarding
the high density residential design standards for the study session for October 23,
2000. He noted the memorandum regarding issues and concerns with street
furniture and A-board signs in the downtown. He requested to set a date for the
2001 City Council retreat. Council agreed to set the retreat for January 19 and 20,
2001 and to ask Marilyn Manning to facilitate it.
Bus and Truck Acting City Attorney Faber commented on the regulation of bus and truck
Routes routes in Gilroy. He stated that trucks routes can be regulated. He explained that
due to Greyhound being a commercial use, the City cannot regulate their routes.
He stated that they are still reviewing whether the City can regulate VT A bus
routes.
The Mayor stated that he would write letters both to VT A and Greyhound on
this issue.
Amicus
Acting City Attorney Faber noted a request for Amicus support - Lim v. City
of Long Beach, United States Supreme Court - adult business regulation case.
Council consensus was to support the amicus.
Councilman P. Arellano requested the City Traffic Engineer look into
crosswalks on Old Gilroy Street at Alexander Forest Street.
Hecker Pass The Mayor noted a discussion of the Hecker Pass Specific Plan process and
Specific Plan timetable.
Councilman Velasco recused himself from discussion on this issue due to the
proximity of his residence to this project.
Rob Oneto, Hecker Pass Property Owners Association, asked that the Specific
Plan be addressed now rather than waiting for the General Plan to be adopted. He
acknowledged that staff is currently overwhelmed and may not be able to start it at
this time.
Council consensus was that the property owners can prepare the Specific Plan
on their own as a General Plan Amendment, but that they should maximize public
input.
Ernie Filice questioned if they do the outreach how will it save staff time. The
City Administrator explained that the property owners are hiring the consultant to
prepare the Specific Plan document, the environmental document, and do the
outreach. He explained that if the City were to do this, staff would be involved in
overseeing the project.
Joe Giacalone questioned how long before a new planner is hired. The City
Administrator explained that it is in process. Mr. Giacalone questioned why a full-
time consultant has not been hired to assist the Planning Division.
In answer to a question by Chris Vanni, the City Administrator clarified that if
the property owners prepare the Specific Plan, the Council could adopt it as is, or
they could request some modifications to the Plan. He explained that if they were
to follow the guidelines that the Council has already agreed on, that there should
be no major problems with the Plan.
Councilman Velasco returned to his seat at the dais.
The Mayor requested the Councilmembers to serve on November 4,2000 at
St. Mary's Church.
Councilman Sudol noted a discussion ofthe need for a Bicycle Track facility.
He requested the City look for land for a track, and requested the public agree to
construct it.
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Mary Garcia, State Commissioner for California for the National Bicycle
League, stated that her family has been involved in the BMX track sport for 18
years. She requested the City provide the land for the track, fence it, and rent a
tractor. She stated that they would build the track for free. She also stated that she
has volunteers to run it. She explained that they know how to run a good,
successful program.
Council consensus was that the Parks and Recreation and Youth Commissions
work together on this project to determine a location and type of facility for
bicycles and a BMX track with no timetable to complete this task.
Councilman Pinheiro stated that he attended an RDA conference and got some
good information. The City Administrator asked the Council to get him a list of
priorities for the retreat, which could include a discussion on an RDA.
Councilman Pinheiro noted the October 23, 2000 study session on the Economic
Incentive annual review and asked that the EDC Director review projects and
answer questions. He requested a separate study session for this. He noted the
Harvest Festival sponsored by the Chamber of Commerce at the IFDES Hall on
October 20th, 2000 with celebrity servers.
(At 9:44 p.m. Councilman P. Arellano left the Council Chambers, and returned
at 9:46 p.m.)
(At 9:47 p.m. Councilman Sudol left the Council Chambers, and returned at
9:51 p.m.)
The Council set January 8, 2001 for a study session with the full EDC group
from 7:00 p.m. to 9:00 p.m.
Councilman P. Arellano noted that on Martin Luther King's birthday the
Freedom Train will be travelling from San Jose to San Francisco. He requested a
train leave Gilroy to meet with the train leaving for San Francisco. It was
requested that he meet with the City Administrator and agendize this for a future
meeting.
Councilman Morales noted the Mayor's proclamation declaring racism unjust
and advocating for equal rights. He stated that this is the most significant
proclamation that the Mayor has signed. He requested to have it hang in the
lobby, and the Council agreed.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
OCTOBER 2000
16 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
18*Election Forum Sponsored by AAUW -7:00 p.m., Gilroy City Council
Chambers
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
23 Special City Council Meeting - Monterey Streetscape Project - 5:30 p.m.,
Gilroy City Council Chambers
23 Study Session - Economic Incentive Annual Review - 6:00 p.m., Gilroy
Senior Center Meeting Room
23 Study Session - Design Standards for High Density Housing - 7:00 p.m.,
Gilroy Senior Center Meeting Room
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Adjournment
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NOVEMBER 2000
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 Special City Council Meeting - Highway 152 Safety Project - 6:30 p.m.,
Gilroy City Council Chambers
13 Study Session - Affordability Housing Exemption -7:00 p.m., Gilroy Senior
Center Meeting Room
14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
17 City CouncillPolice Department Mini-Retreat - 8:30 a.m., Gilroy Senior Center
Meeting Room
20*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
27 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
28 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
DECEMBER 2000
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 Interviews for Boards/Commissions -7:00 p.m., Gilroy City Council
Chambers
12 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 9:59 p.m. the Mayor adjourned the meeting in memory of Teri Patane.
Respectfully submitted,
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/s/ RHONDA PELLIN
City Clerk