Minutes 2003/02/03
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Invocation
Posting
Agenda
Roll Call
Regular Meeting
February 3,2003
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Kevin Wilson, Gilroy Bible Church, gave the Invocation.
The Mayor called for a moment of silence in memory of the seven shuttle
astronauts that were killed on Saturday.
The City Clerk noted that the agenda had been posted on January 29,2003
at 9:30 a.m.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W.
Springer - 6:03 p.m.
Under Orders of the Day the Mayor noted that Item VIII.A. regarding a lease
for Old City Hall would be continued to March 3,2003 to allow a study session to
be held on February 24,2003 to hear options for Old City Hall. He also noted
that under Presentations an announcement would be made regarding Bonfante
Gardens.
Employee Award The Mayor presented the Employee Award for the Month of January, 2003 to
Patricia Pretell, Accounting Assistant II, Administrative Services Department.
Bonfante
Gardens
Consent
Calendar
Minutes
Budget
Accept.Impr.
Claims
Parcel Map
Pub. Hearing
CUP 02-10
Councilman Pinheiro noted that the Bonfante Gardens Board of Directors is
here to make an announcement regarding Bonfante Gardens.
Bob Kraemer introduced the Bonfante Gardens Board of Directors and
announced that Paramount Parks will partner with Bonfante Gardens for a five
year management program. He stated that the park will be open this spring for a
full season. He explained that this does not change the ownership, just the
management, and that the Park will remain with the same corporate structure.
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 the audience.
Motion was made by Councilman Morales, seconded by Councilman Dillon
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 ofthe Regular Council Meeting of January 21,2003;
Budget Amendments/Transfers as recommended;
Accepted Improvements, 85 Fifth Street, Fifth Street Commons, Custom One.
Denied claims of Sara Amaya and Joe Merrill; and
Parcel Map, A.P.N. 790-36-014 & 790-36-015, 8335 & 8365 Church Street,
Montano.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Conditional Use Permit request to allow four temporary auto sales events in the
year 2003 at the South Valley Business Park (old K-Mart Shopping Center), on
property zoned C3 (Shopping Center Commercial), located at 6920 Chestnut
Street. Rick Walkewicz, The Car Store, applicant, CUP 02-10.
The staff report was noted and further explained by Planner II Polubinsky.
The Mayor opened the Public Hearing.
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Rick Walkewicz noted that the concerns expressed by the Planning
Commission were not valid. He noted that the CUP process as applied under was
brought forward by the local car dealerships. He noted that sales taxes would be
provided to the City of Gilroy. He stated that the advertising for this sale may in
fact bring additional car sales to the local dealerships. He stated that this is an
appropriate location for this sales event.
Tim Moran explained that they have done these sales in many locations, and
that the local car dealers bring their cars over to sell their surplus cars.
Sharon Marx Greenwood noted that they will be acquiring that area for a new
car sales facility.
Mark Dunlap, Gilroy Toyota, noted that his business is against this request.
Steve Early, Gilroy Toyota, noted that their business is permanent and honest,
noting that they are against this request.
Shannon Reilly, South County Nissan, noted that they are not against the
competition, but rather that the business leaves town when the sale is done. He
noted that the local dealers pull together.
Joe Wright, Gilroy Toyota, noted that they want their customer to be
comfortable, stating that if there was a problem, he would take the heat when a
customer came to have a problem fixed after The Car Store left town.
Tim Moran stated that he feels that they will add to their business.
Murray Shaffron, Gilroy Toyota, stated that there are going to be complaints
on $3,000 to $8,000 cars that are for sale. He noted that the customers will be
upset.
David Dietz, Finance Manager, Gilroy Toyota, noted his concerns with this
business.
George Brionez noted that this would be revenue for the City.
Tim Moran noted that this is for four sales, but if there are problems, the
business license will be null and void. If there is a problem with the one sale,
they won't be back.
Gabe Andrade, The Car Store, noted that he has worked for The Car Store for
awhile. He noted that they are low pressure.
The Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Dillon
and the motion did not carry (Councilmembers Arellano, Gartman, Morales, and
Pinheiro voting no) to direct staff to prepare a resolution affirming on appeal the
action of the Planning Commission denying the Conditional Use Permit.
Motion was made by Councilman Morales, seconded by Councilman Pinheiro
and carried (Councilmembers Dillon, Velasco, and Springer voting no) to direct
staff to prepare a resolution approving the Conditional Use Permit, with a review
of the first sales event to be agendized for the March 3, 2003 meeting regarding
any tenant complaints or public safety issues.
Downtown The Mayor noted appointment of members to the Downtown Specific Plan
Specific Plan Task Force.
Task Force
Motion was made by Councilman Velasco, seconded by Councilman Gartman
and carried to appoint Jim Gailey and Gary Walton (Downtown Property
Owners), Jim Habing and Pamela Martin (Downtown Business Owners), David
Sheedy and Richard Young (citizen members), Bill Lindsteadt (EDC member),
and James Suner (GDDC member) to the Downtown Specific Plan Task Force.
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Councilman Pinheiro recused himself from discussion and vote on the next
issue due to a business arrangement, stepped down from the dais, and exited the
room.
Res.2003-07 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Pinheiro absent) to adopt Resolution No. 2003-07
approving application SPE 01-01, an application for a Small Project Exemption
from the Residential Development Ordinance, APN 783-20-047, Manuel Rocha,
applicant.
RESOLUTION NO. 2003-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION SPE 01-01, AN APPLICATION FOR A SMALL
PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT
ORDINANCE, APN 783-20-047, MANUEL ROCHA, APPLICANT.
PASSED AND ADOPTED this 3rd day of February, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Old City Hall The Mayor noted a discussion of Old City Hall use and a request to negotiate
a lease for Old City Hall.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Pinheiro absent) to continue this discussion to March 3,
2003, following a study session to be held on February 24, 2003.
Councilman Pinheiro returned to his seat at the dais.
Paid Military
Leave Policy/
Program
The Mayor noted a request for a Paid Military Leave Policy/Program.
The staff report was noted and further explained by the City Administrator
and Human Resources Director McPhillips.
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried to approve the Paid Military Leave Policy/Program in concept.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #2-2003 dated January 17, 2003;
and
League of California Cities Priority Focus #3-2003 dated January 24,2003.
Customer Service:
Letter of thanks from Chief of Police Carlo Cudio to Assistant Chief Lanny
Brown for serving on a panel during an assessment process;
Email of thanks from Myra Esparza on behalf ofthe Ochoa After-School
Program and St. Joseph's Church to Mark Dover, Gayle Glines, Anita Ritt, Elena
Grover, Angie Rubio, Theresa Hernandez, Judy Janish, Geralyn Fortino, Josh
Valverde, Mario Bena, John Mama, Rachael Hinojosa, Deb Smith, and Judi Brem
for assistance during the Annual WalMart Shopping Spree; and
Email of thanks from Russ Valiquette to Bill Faus and Melissa Durkin for
assistance and information on a pending application before the Planning
Commission.
Informational items:
A& C Com.
12-12-02
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Gilroy Visitors Bureau Board of Directors minutes of December 10, 2002; and
Notice of the amended application for gas rate increase for Pacific Gas and
Electric Company (PG&E).
The minutes of the Arts and Culture Commission meeting of December 12,
2002 were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of December 3,2002
12-3-02 were noted.
Library Com.
12-11-02
P & R Com.
12-17-02
Youth Com.
12-9-02
Water Tank
The minutes of the Library Commission meeting of December 11, 2002 were
noted.
The minutes of the Parks & Recreation Commission meeting of December 17,
2002 were noted.
The minutes of the Gilroy Youth Commission meeting of December 9,2002
were noted.
The City Attorney noted for the record that an agreement has been reached
between Eagle Ridge Development and the City regarding the transfer of property
regarding the water tank at Miller Avenue and Santa Teresa Boulevard. She
noted that the City would be paying Eagle Ridge Development $580,000 for the
land and that Eagle Ridge Development would be paying $300,000 to mitigate a
tentative map condition to fulfill that condition.
Councilman Gartman requested an update on the Mantelli Drive gap closure,
and was told that due to problems with PG&E, it should be on by February 14,
2003.
Councilman Arellano reminded everyone that it is Healthy Heart Month and
requested everyone to quit smoking.
Councilman Dillon expressed his sympathy to the family members of the
astronauts that were killed on Saturday.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
FEBRUARY 2003
3*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers
3*Workshop Regarding Transmission Towers - 7:30 p.m. (approximate), Gilroy
City Council Chambers
10 Council Interviews - Neighborhood District Power Task Force - 6:30 p.m.,
Gilroy City Council Chambers
10*Joint Council/Planning Commission Study Session - Review the 2004 CIB-
7:30 p.m., Gilroy City Council Chambers
11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
18*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
24 Workshop for CouncilmemberslBoardmembers/Commission Members/Task
Force Members on the Brown Act. Conflict of Interest. and Meeting
Procedure - 6:00 p.m., Gilroy City Council Chambers (changed to 7:30 p.m.)
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
MARCH 2003
3*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
25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
l
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APRIL 2003
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
21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment At 8:31 p.m. the Mayor adjourned the meeting in memory of the seven
astronauts that were killed on Saturday, to a workshop regarding transmission
towers.
Respectfully submitted,
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/s/ RHONDA PELLIN, CMC
City Clerk