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Minutes 2001/12/03 Posting Agenda Roll Call 7821 Regular Meeting December 3, 2001 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk noted that the agenda had been posted on November 28,2001 at 1: 15 p.m. 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. New Employees The Mayor introduced new employees Justin Oakey, Equipment Mechanic, Administrative Services Department and Leticia Fallis, Office Assistant I, Administrative Services Department. Emp. Award Group/T earn Award Consent Calendar Budget The Mayor presented the Employee Award for the Month of November, 2001 to Lupe Perez, Senior Maintenance Worker-Streets, Sewer & Trees Section, Community Services Department. The Mayor presented the Group/Team of the Month of December, 2001 to the Imaging Task Force. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Len Pugh, 782 Gettysburg Way, Gilroy, noted in today's Gilroy Dispatch the activities of the City Council pulling a sleigh with Santa in it. He stated that he had challenged Jeff Garcia last May to have his picture taken with Santa. He noted that Santa's picture is on the front page as is Jeff Garcia, although not together. Motion was made by Councilman Morales, seconded by Councilman Gartman 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: Budget Amendments/Transfers as recommended; Prop.Impr.Agr. Property Improvement Agreement No. 2001-36, Gilroy Energy Center, LLC; (Calpine) Prop.Impr.Agr. Property Improvement Agreement No. 2001-40 and Improvement Plans for Almeida Tract No. 9331, A.P.N. 841-07-046, Alfonso Almeida; Claims Minutes Res.200 1- 77 TM 99-11 Denied claims of Librada Perez; and Juan Calderon, Mayra Calderon, Leonardo Calderon, minors, and Alma Miranda; Minutes of the Special Joint Meeting of the Council and Planning Commission of November 26,2001; Adopted Resolution No. 2001-77 approving TM 99-11, a Tentative Map to subdivide an approximately 11 acre site into 12 Hillside Residential lots located on Vista Del Sur at the end of Rancho Real, APNs 783-03-003, 783-03-070, 783-03- 071, and 783-03-072, Forest of Gilroy L.L.c., applicant. 7822 RESOLUTION NO. 2001-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 99-11, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 11 ACRE SITE INTO 12 HILLSIDE RESIDENTIAL LOTS LOCATED ON VISTA DEL SUR AT THE END OF RANCHO REAL, APNS 783-03-003, 783-03-070, 783-03-071, AND 783-03-072, FOREST OF GILROY L.L.c., APPLICANT. PASSED AND ADOPTED this 3rd 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 1-78 A1S 01-54 Adopted Resolution No. 2001-78 approving A1S 01-54, an application for Architectural and Site approval of a Planned Unit Development (PUD) on 8.18 acres, APN 841-14-076. RESOLUTION NO. 2001-78 A RESOLUTION OF THE CITY COUNCIL OF GILROY APPROVING A1S 01-54, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON 8.18 ACRES, APN 841-14-076. PASSED AND ADOPTED this 3rd day of December, 2001, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Arts & Culture Len Pugh, Chairman of the Arts and Culture Commission, reviewed their Com. Report activities for 2001. He noted that the Commission represented the City on the CODE Committee. He stated that the Young Artists' Show and Kids Discover Arts were huge successes. He commented that they continue efforts on the Cultural Facility Joint Task Force. He commented that the Summer Concert Series was well received. He noted that they attended the California Joint Congress of the Arts 2001. He commented on the 2001 Arts and Culture Exhibit, held at the Willey House. Paul Williams The Mayor noted a request of Paul Williams to appeal Item III.C. of the October 15,2001 agenda regarding Claims. Paul Williams explained why the Councilmembers need to reconsider his claim. He noted that the City is aware of the problem and damages that have occurred. He urged the Council to reconsider their vote on this matter. The City Attorney stated that the City did consider this claim and rejected the claim. She explained that a 180 day statute of limitations starts when the claimant is notified of the rejection, then the claimant can file suit. She noted that the City is working with Mr. Williams on issues relating to this claim. She explained that there is really no action for the Council to take at this time. Appt.-Mayor Protempore The Mayor noted appointment of Mayor Protempore December 3,2001 to August 5, 2002. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to appoint Councilman Velasco as the Mayor Protempore from December 3, 2001 to August 5, 2002. Council Com. & Reps. The Mayor noted appointment of Council Advisory Committees & Representatives. 7823 Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to appoint Councilmembers to various open positions for committees and representatives. 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. The staff report was noted and further explained by the City Administrator and Community Service Officer Muraoka. The City Attorney noted that she will modifY the ordinance to include the penalties stated in Section 4.9. (At 8:08 p.m. Councilman Arellano left the Council Chambers, and returned at 8:09 p.m.) (At 8: 10 p.m. Councilman Dillon left the Council Chambers, and returned at 8: 12 p.m.) Nancy Hilton, 7230 Trenton Place, Gilroy, questioned whether there are any exemptions for breeders. She was told that her animal would not be required to be spayed or neutered. She also questioned whether there was an age limit, and was told no. (At 8: 13 p.m. Councilman Morales left the Council Chambers, and returned at 8: 15 p.m.) Mark Zappa questioned the requirement to prove whether an animal is spayed or neutered, and what happens if they do not have a record. The City Attorney stated that the agency may have to determine whether the animal is spayed or neutered. Motion was made by Councilman Arellano, 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 Arellano, 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. SpaylNeuter Program The Mayor noted a recommendation to approve a low cost spay and neuter program for the residents of the City of Gilroy. The staff report was noted and further explained by Community Service Officer Muraoka. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to approve a low cost spay and neuter program. Councilman Gartman asked for a review in January, 2003. Bonfante Gardens The Mayor noted a request of Michael Bonfante to discuss and present a concept for guarantee of the loan for Bonfante Gardens Theme Park from South Valley National Bank. Michael Bonfante gave a review of the financing and the bonding for Bonfante Gardens Theme Park. He reviewed the construction and opening of the park, and the ultimate closing in September, 2001. He noted that they need another $7.5 million to continue, and that they have been working with the bank. He requested that the City guarantee and co-sign the loan with South Valley Bank. He noted another approach which would be for the City to approve a development agreement to allow development of residences on property adjacent to the Park. He noted that they hope to reopen on March 29,2002. He stated that if they don't 7824 get the financing, the Park is history. The staff report was noted and further explained by the City Administrator and the City Attorney. (At 8:58 p.m. Councilman Dillon left the Council Chambers and returned at 9:00 p.m.) Motion was made by Councilman Velasco, seconded by Councilman Gartman and carried to direct staff to continue to meet with Mr. Bonfante to work out the Issues. The Mayor set a special meeting for Monday night at 7:30 p.m. to review the Bonfante Gardens request. He moved the interviews on December 10, 2001 from 5:30 p.m. to 6:45 p.m. for all Boards and Commissions except for the Planning Commission, and set the Planning Commission interviews for 6:45 p.m. to 7:30 p.m. Michael Bonfante stated that this is a very unique request and a very unique opportunity. He noted that this is a not for profit business, and the single biggest benefit is the minimum 500 jobs for teenagers. He stated that the work ethic cannot be learned in school, and that this is a great opportunity for our teenagers. At 9:27 p.m. the Mayor called for a ten minute recess, after which he recalled the meeting to order. Robert Dillon The Mayor noted a letter of resignation from Robert T. Dillon, Library Commission member. Motion was made by Councilman Pinheiro, seconded by Councilman Arellano and carried to accept the resignation with regrets. Craig Gartman The Mayor noted a letter of resignation from Craig Gartman, Planning Commission member. Motion was made by Councilman Velasco, seconded by Councilman Pinheiro and carried to accept the resignation with regrets. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus #40-2001 dated November 16, 2001. Customer Service: Email of thanks from Jacqui Carrasco for the assistance of the Finance Division, especially Arlene Jeske and Evelyn Peterson, in updating their web pages. Note of thanks from Jeannie Wenneberg to Jay Baksa for the kind letter of condolence and for flying the flag at half mast in honor of Arnold Wenneberg; Email of recognition from Roy Shackel to Donna Greenhut for her assistance with a Statewide Simulation Drill; Note of thanks from Carmen, City of Mil pitas, to John Garcia for his assistance with an oral board; Letter of thanks from Karin McBride, Office of the Registrar of Voters, to John Garcia and Tina Kekaha for their support of the poll worker training program; and A& C Com. 10-16-01 7825 Letter of appreciation from David Willis, For the Game, to the City Council and City Administrator for the time and effort in reviewing the For The Game Sports Complex Development proposal. Informational items: Letter from the City of Mil pitas advising that Councilmember Jim Lawson has been designated to serve as the Alternate member for Group 4 on the VT A Board of Directors; and Letter and information from Suzanne St. John, Executive Director, CMAP (Community Media Access Partnership), regarding the formation of CMAP. The minutes of the Arts and Culture Commission meeting of October 16, 2001 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force retreat of October 5, 2001 were 10-5-01 noted. Golf Course 10-10-01 Library Com. 10-10-01 P&RCom. 10-16-01 Sr.Adv.Bd. 10-15-01 SCRWA 11-13-01 Youth Com. 10-10-01 Youth Com. 11-19-01 Bike Track The minutes of the Golf Course Advisory Board meeting of October 10, 2001 were noted. The minutes of the Library Commission meeting of October 10,2001 were were noted. The minutes of the Parks & Recreation Commission meeting of October 16, 2001 were noted. The minutes of the Senior Advisory Board meeting of October 15,2001 were noted. The minutes of the South County Regional Wastewater Authority meeting of November 13,2001 were noted. The minutes of the Gilroy Youth Commission meeting of October 10,2001 were noted. The report of the Gilroy Youth Commission meeting of November 19,2001 was noted. The Mayor noted a recommendation to approve building a cement bike track and dirt jumps at Las Animas Veterans Park "lake" area. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to direct staff to appoint a Task Force to work with the Youth Commission and Parks and Recreation Commission to create a bicycle facility in the most feasible location available. The City Administrator noted the scheduling of the Cultural Facilities Task Force, and questioned how the Council would like to put the Task Force together and how it will be made up. Council agreed to an application process, and that it may consist of two members each from the Arts and Culture and Parks and Recreation Commissions, one member from the Planning Commission, one from the Hispanic Chamber of Commerce, one from the Chamber of Commerce, one from the Theater Angels Art Ceague, one from the Symphony, one from Gilroy Unified School District, and several from the general community. He stated that he will bring this back to the Council on December 17th and then get the information out to the newspapers. He distributed the minutes of the Council/Police Department retreat, noting that he will incorporate items into the Police Department Goals & Objectives for 2002. He noted a request from Steve Ashford regarding regulation of newspaper racks. 7826 The City Attorney stated that she was informed that LAFCO staff will meet and take up the issue of the 660 acres for inclusion in the Gilroy General Plan to get a conceptual read as to whether they will endorse the General Plan boundary change. She stated that this may need to be put on next Monday's agenda for action. She distributed a memo on proposed changes to the blight ordinance on residential properties. She informed the Council that regarding the law suit Lewis Street Apartments vs. Norm Allen, the City won at trial court, which was appealed and then the appeal was dismissed. The Mayor reminded the Councilmembers to get Council retreat items to the City Administrator. He noted the Cities Association Dinner on December 13, 2001. He distributed a letter regarding a presentation on an information technology demonstration at the League conference. He noted the Youth Commission event held on Friday at the Gaslighter, which was extremely successful, and commended the Youth Commission. Councilman Morales stated that he was honored to represent the City as the Mayor Protempore. He requested citizens to keep St. Joseph's Center and Salvation Army in your thoughts for this season. Councilman Arellano echoed Councilman Morales' request to support those in need during this season and the entire year. Councilman Pinheiro stated that he is interested in having the department heads attend the Council retreat. Council consensus was to try it for a year. He requested a list of past issues, for timing and update. Councilman Gartman thanked the City Administrator for Part 1 of his orientation, and noted that he is looking forward to Part 2 tomorrow. He thanked Mayor Springer and City staff for the warm reception tonight. The Mayor reminded everyone of the special meeting of SCR W A tomorrow morning, and echoed Councilmembers Morales and Arellano's sentiments that it is more blessed to give than to receive. He noted the gift giving tree in the lobby at City Hall. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 DECEMBER 2001 3 Special Meeting - Closed Session - 5:30 p.m., Gilroy City Council Chambers 3 Reception for Mayor/Councilmembers - 6:00 p.m., City Hall South Foyer 3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 11 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 10 Interviews for Boards/Commissions - 7:00 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 - CANCELLED 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*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 28 Joint CouncillPlanning Commission Study Session - Review of the RDO- 7:00 p.m., Location To Be Determined I I Adjournment 7827 28*Joint Council/Planning Commission Study Session - Review the 2003 CIB - 7:00 p.m., Gilroy City Council Chambers - MOVED TO FEB. 11. 2002 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 12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 26 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - CANCELLED At 10: 10 p.m. the Mayor adjourned the meeting.