Minutes 1996/09/03
Invocation
Posting
Agenda
Cert.Serv.
Volunteer
Award
Emp.Award
6847
Regular Meeting
September 3, 1996
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Father Brian Smith, St. Mary's Church gave the Invocation.
The City Clerk noted that the Agenda had been posted on August
29,1996 - 9:15 a.m.
The Mayor presented a Certificate of Service and Planning Commission
Resolution to Retired Planning Commissioner, Glenn Suyeyasu.
The Mayor presented the Volunteer of the Year 1995-1996 Award to
Sunny Khandwala.
The Mayor noted the Employee Award for the Month of July for Daniel
Castaneda, Police Officer would be rescheduled.
6848
Consent
Calendar
Budget
Res.96-53
Res.96-54
Minutes
Imprvmts.
SurplusEq.
Pub.Hear.
TM 97-05
Motion was made by Councilman Gilroy, seconded by Councilman
Morales that the following items under the Consent Calendar be approved by the
following Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Charles S.
Morales, Connie Rogers, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez,
Jr. and Donald F. Gage.
Approved Budget Amendments/Transfers as recommended;
Adopted Resolution No. 96-53 authorizing officers who may conduct
financial transactions on behalf of the City;
RESOLUTION NO. 96 - 53
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING
RESOLUTION NO. 96-32 AUTHORIZING OFFICERS WHO MAY
CONDUCT FINANCIAL TRANSACTIONS ON BEHALF OF THE CITY OF
GILROY.
PASSED AND ADOPTED this 3rd day of September, 1996, by the following
vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, V ALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None;
Adopted Resolution No. 96-54 approving Tentative Map to subdivide a
parcel approximately 5.67 acres into a 12 lot Single Family Residential
Subdivision, plus one remainder lot on property zoned R1 and located south of
Zinnia Street, northwest of Kelton Drive, Robert Walsh & Son, Applicant, TM 96-
03, Public Hearing held July 22, 1996;
RESOLUTION NO. 96 - 54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 96-03, A TENTATIVE MAP WITH 12 RESIDENTIAL
PARCELS AND ONE REMAINDER PARCEL ON APPROXIMATELY 5.67
ACRES SOUTH OF ZINNIA STREET, NORTHWEST OF KELTON DRIVE,
APN 790-04-048.
PASSED AND ADOPTED this 3rd day of September, 1996, by the following
vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, VALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None;
Minutes of the Regular Council Meeting of July 22, 1996;
Minutes of the Regular Council Meeting of August, 5, 1996;
Accepted Improvements for Park Commons I, Tract 8676 and Park
Commons II, Tract 8730 as recommended;
Accepted Improvements for the Temporary Environmental Education
Center and Ranch Site, Phase I, Project #95-CS-427 as recommended;
Accepted Property Improvement Agreements: Kaufman & Broad,
Monterey Bay, Inc., #96-17, Tract #8866 and #96-26, Tract #8867; Warmington
Homes, Tract #8885, #96-24; and Old Orchard Company, #96-27, Tract #8871, as
recommended; and
Declared Surplus Equipment as recommended.
The Mayor stated that it was the time and place scheduled for a
Public Hearing to consider a Tentative Map request by Shapell Industries to
sabdivide parcels containing approximately 1,843 acres into a 650 Lot Single
684rl
Family ResidentiallResidential Hillside Subdivision, a private 18 hole Golf
Course/Country Club and Public Facility/Open Space Dedications, Eagle Ridge,
formerly known as the O'Connell Ranch, located along the west side of Santa
Teresa Boulevard, south of Hecker Pass Highway and Uvas Creek and along the
southwest side of Miller Avenue, TM 97-05.
The Staff Report previously delivered August 23, 1996, map and revised
EIR Mitigation Status Report was noted and further explained by Planner Faus.
City Engineer Smelser explained the infrastructure of the Project and Parks
Superintendent Headley explained the Trails and Open-Space. City Engineer
Smelser agreed that Addendum A-I of the Conditions should be added to Item
# 1 0 Condition.
Discussion was had by Council. The Mayor opened the Public Hearing and
heard from the following:
Dan Hancock, President of Shapell Industries of Northern California.
Armenta Jensen, Project Manager summarized the entire project and noted
the tour presentation.
Mr. Hancock further explained the proposed Golf Course.
At 9:12 p.rn. the Mayor declared a recess and reconvened the meeting at
9 :20 p.rn.
The following addressed the Council regarding TM 97-05:
Miguel Paredes, 7781 Church Street, noting it is his opinion that sidewalks
should not be required on both sides of the streets within the project.
Virginia Holtz, Trail Coordinator of Santa Clara County explaining their
mission to promote ridge trails, educational programs within schools and open
space trails should be a part of the project. Recommending that the project should
have public access trails to connect eventually to the Bay Area Ridge Trails.
Len Lockhart, 7664 Los Padres Court, agreed with the previous speaker.
Recommends that trails be provided within the project; important to link the trail
system.
Kat Tucker, 9440 Eagle View Way, submitted a petition containing 101
signatures wanting access and use of trails within the project for future connection
to the Bay Area Ridge Trail. Suggested public hearings to work out public access.
Noted sidewalks to be necessary in the community for a safety issue. Supported
the Staff recommendation regarding the sidewalk issue. Noted the need for a fire
station in the northwest quadrant.
Kitty Monaham - Santa Clara County Parks Commissioner and a member
of the Citizens' Advisory Committee for Open-Space in Santa Clara County,
noting the trails should be designed for public use. Recommended public access in
the open-space area.
Pamela Jones, 1435 Falcon Court, noted that she is in favor of the project
and stated her concerns regarding the mitigation measures and requested
continuance of this application noting not sufficient time for public input. She
noted that the hillside is a natural resource to the public and that the open space
dedication is not a benefit as proposed; requesting the property owners keep the
open space. She recommended that stronger language be used that allows for
recreational uses of the hillside; there is no intent for public access or public use in
her opinion. She noted that citizens should not have to request traffic signals. She
recommended that the golf course protect trails for the public; that the City should
not give up the easement on the open space portion of the project even if the trails
are not developed; and joggers should be able to use the golf course on offhours
suggesting from 7:00 a.rn. to 9:00 a.rn. She suggested that Shapell be required to
68:)0
Res.96-55
install a net to protec.t the public from flying golfballs and two public access points
to the hillside.
Kevin Conant, 9445 Eagle View Way, in favor of the project for the good
of the community. Recommends public access be made available to the open
space. Noted that the fIfe station location is not adequately addressed; that the
burden of same should be upon the developers. He notes dangers of the homes in
the hillside areas without a fire station immediately adjacent.
Eleanor Villareal, 1331 Third Street, noted a decline in funding for non-
profit organizations and applauded Shapell for their donations and contributions to
the City. Recommended the City support the project and concurred with the
Staffs recommendations regarding the sidewalk issue.
Barbara O'Connell Munson, owner of the property submitting a letter
noting that same be a part of the record.
Richard Pontius, 8200 Kern Avenue noting he spoke 9 years ago in behalf
of the Sierra Club and was against the project but applauds Shapell's efforts
regarding the salamander habitat being retained and accepts the mitigation efforts.
Patty Hale, 7685 Wren Avenue, President of Gilroy Chamber and Gilroy
Economic Development Board of Directors in favor of the project.
Don Culver, 3589 Kelton Drive noting that the open space proposal is
generous recommending that the City obtain the land and determine how access
can be made to it, including a second access. Concurred with sidewalks required
on one sideofthe street. He noted that he believes that the scope of the project is
coherent and concurs with the scale of the project.
John Kent, supports the project noting his letter on file. He recommended
that the developers be allowed flexibility on the sidewalk issue for an esthetic look.
Hearing no further comment from anyone in the audience, the Mayor
closed the Public Hearing.
Discussion was had by Council on the proposa1.
Motion was made by Councilman Springer seconded by Councilman Gilroy
that Condition #27 be replaced with the Staff recommendation regarding sidewalks
to front every house with the exception of the 3rd Alternate Proposal (compro-
mised by the applicant) that there should be a sidewalk on every street not ending
in a cul-de-sac on one side to accept this alternative to Condition #27 with the
August 23, 1996 City Engineer's Memo imposing 73 conditions on this project by
the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Morales, Springer
an<l G~ge; Noes: Councilmembers: Rogers, Rowlison and Valdez.
MP1i9P was made by Councilman Springer seconded by Councilman Gilroy
tlwt $taffs recommendation in the City Engineer's Memorandum, dated August
23, .1996 to give up the easement along the applicant's northerly boundary
\Condition 3h) be accepted and that applicant will pay for the Master Plan and
~onstruction of trail segment from the westerly terminus ofUvas Park Trail to
Santa Teresa Boulevard by the following Roll Call Vote: Ayes: Councilmembers:
Gilroy, Morales, Rogers, Rowlison, Springer, Valdez and Gage.
Motion was made by Councilwoman Rogers seconded by Councilwoman
Rowlison and carried that a concept be developed that a trail be provided from
Santa Teresa Boulevard to the Hecker Pass Bridge and that the Parks &
Recreation Commission incorporate same in their Master Plan process by the
following Roll Call Vote: Ayes: Councilmembers: Gilroy, Morales, Rogers,
Rowlison, Springer, Valdez and Gage.
Motion was made by Councilwoman Rowlison seconded by Councilman
Morales that the reading of Resolution No. 96-55 be waived and that it be adopted
approving Tentative Map 96-05 with conditions as modified.
Carmichael
re:Graffiti
Appeal
PERS
Res.96-56
Intro.Ord.
Plan. Com.
Resign.
b05-4
v" 1
RESOLUTION NO. 96 - 55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A VESTING TENTATIVE MAP TM 96-05 TO CREATE 650
SINGLE FAMILY LOTS, A GOLF COURSE AND PUBLIC FACILITY/OPEN
SPACE DEDICATIONS ON APPROXIMATELY 1,845 ACRES, APNS 810-21-
003,820-22-001,002,003, AND 810-24-0 AND 006, SHAPELL INDUSTRIES,
APPLICANT.
PASSED AND ADOPTED this 3rd day of September, 1996, by the following
vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, V ALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
At 11 :35 p.m. the Mayor declared a Recess and reconvened the meeting at
11 :38 p.m.
An appeal from Bruce Carmichael on a graffiti abatement notice
continued from the August 5, 1996 Regular Council Meeting was noted.
Mr. Bruce Carmichael, 7190 Hanna Street, addressed the Council and
noted his objection to the manner in which he was notified to remove the graffiti
on his fence. Council concurred with Mr. Carmichael's request to discuss the
matter with the City Administrator for a solution to same.
A recommendation to amend the PERS Contract to allow 2% at 55
Retirement for Miscellaneous Employees was noted and further explained by City
Administrator Baksa.
Motion was made by Councilwoman Rowlison seconded by Councilwoman
Rogers that the reading of Resolution No. 96-56 be waived and that it be adopted
noting Intention to amend the PERS Contract as recommended.
RESOLUTION NO. 96 - 56
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL
OF THE CITY OF GILROY.
PASSED AND ADOPTED this 3rd day of September, 1996, by the following
vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, VALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Motion was made by Councilman Gilroy seconded by Councilman Springer
and unanimously carried that that the ordinance be read by title only and waived
further reading of the ordinance.
Motion was made by Councilman Gilroy seconded by Councilman Springer
and carried that the ordinance be introduced and published by title and summary.
A letter from Glenn S. Suyeyasu resigning from the Planning
Commission was noted. Motion was made by Councilman Springer seconded by
Councilwoman Rogers and carried that Glenn S. Suyeyasu's resignation be
accepted with regret.
Council agreed to fill the unexpired term at the same time the annual
appointment of commissioners are selected.
The following informational items were noted with no separate discussion
on same:
6 Q r; c>>
),.)ui:"
Customer Service:
Fire Department Inter-Office Memo in Appreciation of Assistance at recent
Forum;
Local Citizen In Appreciation of Mayor Gage;
Finance Division Inter-Office Memorandum In Appreciation of Staffs
Customer Service;
Local Citizen In Appreciation of Community Development, Building, Life
& Environmental Safety Division's Staff Customer Service;
Local Citizen In Appreciation of Community Development Department's
Assistance re: Parking Problem;
Local Citizen In Appreciation of Fire Department's Assistance;
Fire Department Inter-Office Memorandum In Appreciation of Community
Services Donation of Equipment for High School Baseball Program;
Local Participant in Therapeutic Recreational Activities In Appreciation of
Community Services Staffs Efforts;
Assemblyman Frusetta Applauding Efforts to Restore Willey House;
Community Services Department Inter-Office Memo In Appreciation of
Community Development Department's Cooperation During Chip Seal Program; .
Fleet & Facility Services Division Inter-Office Memo In Appreciation of
Finance Division Cooperation In Cost Accounting and Budgeting Process;
Update on Long-Range Applications, August 23, 1996;
Gilroy Police Department Employee of the Month of July 1996, Niki
Bruick;
Proclamations Issued by Mayor Gage: Fire Prevention Week - October 6-
12, 1996; Pollution Prevention Week - September 16-22, 1996; mad Commending
Gilroy Dispatch Newspaper;
Minutes of the Gilroy Visitors' Bureau Advisory Council Meeting of July
11, 1996 and Financial Transactions through June 30, 1996;
Integrated Water Resources Plan Report, #2, August 1996;
Falcon Cable's Resignation of Steve Schnieder;
League of California Cities Legislative Bulletins #29 and #30 - 1996;
Old City Hall Building and Grounds Leasing Proposal;
Joint Venture: Silicon Valley Network In Appreciation of Support;
Police Consultants Applauding Gilroy Police Departments' Expertise in
COP Program;
Falcon Cable Noting Elimination of Encore Channel to be Replaced by
Sports Channel;
Minutes of the Police Chiefs Advisory Group Meeting of July 16, 1996;
Pacific Gas & Electric Company Response to City's Efforts to .Conserve
Energy During Recent Periods of Unusually High Temperatures; and
Plan.Com.
8-1-96
Plan. Com.
8-29-96
Res.96-57
Meetings
6Q5'!
..J "0
Minutes of the Economic Development Corporation's Board Meeting of
August 15, 1996 and Agenda of August 29, 1996.
The Report of the Planning Commission Meeting of August 1,
1996 was noted.
The Report of the Planning Commission Special Meeting of August
29, 1996 was noted.
A recommendation on the Shapell Project, Eagle Ridge A/S PUD 96-17
was noted.
The Staff Report was noted and further explained by Planner Faus.
Motion made by Councilwoman Rogers seconded by Councilman Valdez
and failed to add Condition # 15 re: Pedestrian Trail/Bicycle Trail to the proposed
resolution by the following Ron Call Vote: Ayes: Councilmembers: Rogers and
Valdez; Noes: Councilmembers: Gilroy, Morales, Rowlison, Springer and Gage.
Heard from Dan Hancock not in favor of Condition # 15.
Motion was made by Councilman Springer seconded by Councilman Gilroy
that the reading of Resolution No. 96-57 be waived and that it be adopted
approving A/S PUD 96-17 with the 14 Conditions as recommended by the
Planning Commission.
RESOLUTION NO. 96 - 57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 96-17 (PUD), AN APPLICATION FOR ARCHITECTURAL
AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) IN
ORDER TO CREATE VARYING BUILDING LOT SIZES, A GOLF COURSE
AND CLUB HOUSE COMPLEX, PRIVATE STREETS AND SIDEWALKS,
AND TO MAKE UV AS CREEK PEDESTRIAN IMPROVEMENTS ON
APPROXIMATELY 1,845 ACRES, APNS 810-21-003, 810-22-001,002 AND
007, AND 810-24-005 AND 006, SHAPELL INDUSTRIES, APPLICANT.
PASSED AND ADOPTED this 3rd day of September, 1996, by the following
vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, VALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
City Administrator Baksa noted an update on the Water Conservation
Pro gram.
Council set September 30, 1996 as a Special Council Meeting on Cable TV
Refranchising and October 9, 1996 as a Council Study Session to Discuss Solid
Waste and Recycling Citizens' Advisory committee's recommendations.
City Administrator Baksa noted a report on Santa Teresa Expressway
further explained by Councilman Valdez.
HCD City Administrator Baksa gave an update on the HCD Staff and County
meeting regarding the City as an entitlement city.
The City Attorney presented a San Jose Mercury News article for inclusion
in the next Agenda packet.
The Mayor wished Councilman Morales a Happy Birthday.
6854
Adjrnmt.
The Mayor gave an update on the Tecate Trip and noted that the issue of a
Sister City will be agendized on a future Council agenda.
Councilwoman Rowlison reported on the Grand Opening Celebration,
August 22, 1996 in Morgan Hill of the Crest Avenue Apartments (a rehabilitation
project).
Councilman Morales congratulated the Gilroy Dispatch on receipt of their
awards in the Annual California Newspaper Publishers' Association's Better
Newspapers Contest and thanked the Community for allowing Council to tour
T ecate.
Councilman Valdez gave an update on the Cal Train's Maintenance Service
Yard.
Councilwoman Rogers invited everyone to Gilroy's Second Annual
Mercado de Festival September 15, 1996 from 10:00 a.m. to 6:00 p.m. in the
Downtown Area.
Councilman Gilroy noted the Golf Tournament for the Gang Task Force
Fund Raising Project, September 6th and the 6:30 p.m. Barbecue.
Councilman Springer suggested that the city save its used tire supply for
the City of Tecate.
The Mayor noted the following meetings/events:
Joint Planning Commission/City Council Study Session, September 9,1996
_ 7:00 p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, CA 95020
re: Housing Element Implementation Task Force;
Joint City Council/City Commissioners Study Session, September 11, 1996
_ 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA 95020 re:
Discussion of Expectations and Process; and
Annual League of California Cities Conference - Anaheim - October 13-15,
1996.
At 12:48 a.m., Tuesday, September 4, 1996, the Mayor adjourned the
meeting.
Respectfully submitted,
4&~~'
Susanne E. Steinmetz, City Cle