Minutes 2000/12/04
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Invocation
Posting
Agenda
Roll Call
Orders of the
Day
Youth Com.
Regular Meeting
December 4,2000
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Bob Achilles, Trinity Bible Church, gave the Invocation.
The City Clerk noted that the Agenda had been posted on November 29,
2000 at 2:52 p.m. and the Addendum to the Agenda was posted on December 1,
2000 at 4:00 p.m.
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W.
Springer - 7:00 p.m.
Under Orders of the Day, the Mayor announced that Consent Calendar item E.
will be pulled for a separate vote.
The Mayor introduced members of the Youth Commission.
Purchase Award The Mayor noted a presentation to the City of Gilroy from the Gilroy Art &
Culture Exhibit of the 2000 Purchase Award entitled "Gilroy 2000 I" by Randy
Scott and accepted the donated companion piece entitled "Gilroy 2000 II" by
Randy Scott.
Proc.-Falun
Dafa Week
Consent
Calendar
Budget
Claims
The Mayor presented a proclamation for Falun Dafa Week, December 11-17,
2000 to Cathy Zeng.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Amos Brown asked what is going to be done with the Police Department and
what the Council is going to do about the Police Officer arrested for heroin and
being with a prostitute. He noted that the Police Department is harassing citizens.
Motion was made by Councilman Morales, seconded by Councilman Sudol
and carried that the following items under the Consent Calendar be approved,
removing Item E. Minutes of the Special Council Meeting of November 17,2000,
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:
Budget Amendments/Transfers as recommended;
Denied claims of Gloria Corza, Jose Lira, P.G. & E., and Annette Plaza;
Accept Impr. Accepted Improvements, Equipping Well 5-02, GSE Construction, Project No.
99-CDD-514 99-CDD-514;
Accept Impr. Accepted Improvements Renz Lane Sanitary Sewer Rehabilitation, Monterey
00-CDD-522 Peninsula Engineering, Project No. 00-CDD-522;
Prop.Imp.Agr. Property Improvement Agreement No. 2000-39, The Garlic Farm, LLC,
No.2000-39 Member ofthe Garlic Farm Annex LLC, APN 841-14-076;
Res.2000-77 Resolution No. 2000-77 approving TM 00-07, a Tentative Map to create
twenty single-family lots on approximately 4.2 acres located along Lahinch Drive,
within the Eagle Ridge development, APN 810-43-003, Glen Lorna Group,
applicant.
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RESOLUTION NO. 2000-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 00-07, A TENTATIVE MAP TO CREATE TWENTY
SINGLE-FAMILY LOTS ON APPROXIMATELY 4.2 ACRES LOCATED
ALONG LAHINCH DRIVE, WITHIN THE EAGLE RIDGE DEVELOPMENT,
APN 810-43-003, GLEN LOMA GROUP, APPLICANT.
PASSED AND ADOPTED this 4th day of December, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2000-78 Resolution No. 2000-78 approving TM 00-06, a Tentative Map to create
fourteen industrial parcels on approximately 28.16 acres located south of
Southside Drive, at the junction of Obata Way and Southside Drive, APN 841-15-
074, Green Valley Corporation, applicant.
RESOLUTION NO. 2000-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 00-06, A TENTATIVE MAP TO CREATE FOURTEEN
INDUSTRIAL PARCELS ON APPROXIMATELY 28.16 ACRES LOCATED
SOUTH OF SOUTHSIDE DRIVE, AT THE JUNCTION OF OBAT A WAY
AND SOUTHSIDE DRIVE, APN 841-15-074, GREEN VALLEY
CORPORATION, APPLICANT.
PASSED AND ADOPTED this 4th day of December, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2000-79 Resolution No. 2000-79 approving the City of Gilroy Master Plan of Fire
Services.
RESOLUTION NO. 2000-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING THE CITY OF GILROY MASTER PLAN OF FIRE SERVICES.
PASSED AND ADOPTED this 4th day of December, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: NONE
Minutes
Councilmembers G. Arellano, P. Arellano, and Sudol recused themselves from
voting on the minutes ofthe Special Council Meeting of November 17,2000 since
that they were absent from the meeting and were unable to review the tape.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried (Councilmembers G. Arellano, P. Arellano, and Sudol absent) to
approve the minutes of the Special Council Meeting of November 17,2000.
A& C Com.
Report
Jesse Garcia, Chairman of the Arts and Culture Commission, reviewed the
activities of the Commission to maintain the integrity of the Gilroy Cultural Arts
Plan and the Parks and Recreation Master Plan. He noted the need for a cultural
facility and the formation of a Facilities Task Force to assist in realizing this need.
He explained that they are still looking for ways to manage the arts facility. He
stated that $10,000 was raised for Kids Discover Arts through the performance of
Peter Pan. He acknowledged Cathy Mirelez for her assistance. He noted the
formation of the new Public Arts Committee. He thanked the Mayor for choosing
the Mayor's Award at the Art Show. He introduced Arline Silva, also on the Arts
and Culture Commission.
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RD 92-29
Gill
Properties
TM 99-13
Gill
Properties
The Mayor noted a Resolution of the City Council of the City of Gilroy
amending RD 92-29, a residential development allocation of218 units, to relocate
to Phase 4 and reduce to twenty-five certain townhouse units on property located
north of Mantelli Drive, at the northeast corner of the Country Estates
Subdivision, APN 783-47-004, Gill Properties, applicant.
The Mayor noted a Resolution of the City Council of the City of Gilroy
modifYing and approving TM 99-13, a Tentative Map to create sixty-seven single-
family lots on approximately 60 acres located north of Mantelli Drive, at the
northeast corner ofthe Country Estates Subdivision, APNs 783-47-003, 783-47-
004 and 783-04-018, Gill Properties, applicant.
Karen Titus thanked everyone for coming to this meeting and asked residents
in the project area to stand. She noted that Crest Hill is a residential street and
Mantelli is a collector and arterial street. She stated that Mantelli Drive has a
capacity of9,000 vehicle trips for the upper area and 14,500 vehicle trips for the
lower portion. She stated that Mantelli is currently operating at 13% of its
capacity, while Crest Hill is at 40% of its capacity. She noted that Crest Hill will
be at 65% and Mantelli at 28% of capacity with this subdivision. She encouraged
the Council to approve this project based on these numbers.
Susan Stieg stated that they are not here to say they don't want the traffic on
Mantelli vs. Crest Hill. She stated that there is an unfair amount of traffic planned
for Mantelli, and asked that a portion of the traffic be routed down Longmeadow
or Sunrise. She noted there are alternatives for the traffic to not go down Crest
Hill.
Frank Ybarra, 1601 Mantelli, stated that the traffic gets heavy during the day
time, especially with construction trucks.
Frankie Ness, 2020 Mantelli, noted her opposition to Phase III. She stated
that Gill Properties has refused to meet with the residents until after January 1,
2001.
Norma Ludergnani, 2035 Mantelli, asked the Council for an opportunity to
find another solution to make the area safer.
David Stieg complimented the residents of Crest Hill for attending. He stated
that there are not as many residents from Mantelli, but that they are concerned
with safety issues. He noted that there are no sidewalks on the upper area of
Mantelli and they must walk in the street at the top ofMantelli. He stated that this
is not one homeowners group against another, and that they don't want to impact
the other neighborhood. He noted that the residents want to meet with Gill
Properties to protect both the neighborhoods. He asked the Council to postpone
action on these requests, so that Gill Properties can meet with the homeowners.
Nancy Elliott stated that she lives on Country Drive, and that they get a lot of
traffic from Hecker Pass to Mantelli.
Katherine Filice reminded the Council that at the direction of staff and the
Planning Commission, Gill Properties was directed to work with the
neighborhood. She noted that the current plan was signed offby staff as a safe
plan. She requested the Council not ask Gill Properties to start over.
Amos Brown thanked everyone for coming here to speak on their behalf
Allen Hinman, 1675 Valley Oaks Drive, stated that he has a special needs
child, and that the traffic will impact the children in that area.
Street
Furniture
Bonfante
Gardens
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Motion was made by Councilman Sudol 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. The
subsequent motion took precedence, and he withdrew the motion prior to any
second to the motion.
Motion was made by Councilmember G. Arellano, seconded by Mayor
Springer 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, and the subsequent motion took precedence.
Motion was made by Councilman Pinheiro, seconded by Councilman P.
Arellano and carried (Councilmembers G. Arellano, Sudol, and Springer voting
no) to continue action on the Negative Declaration, adoption of a resolution on
RD 92-29 and adoption ofa resolution on TM 99-13 to February 5, 2001.
At 8:47 p.m. the Mayor called for a five minute recess, after which he recalled
the meeting to order.
Councilman Pinheiro encouraged staff to work with Gill Properties to schedule
a meeting with the residents.
The Mayor noted an update on the Policy Regulating Street Furniture for
Monterey Street.
The staff report was noted and further explained by the City Administrator and
Planning Division Manager Faus.
Jeff Horton, 7453 Monterey Street, distributed copies of the ordinances
regarding street furniture. He suggested amendments to the ordinances.
Dave Peoples noted that the Street Furniture Policy encouraged street dining.
He stated that he would like the ordinance to allow display of a sample of wares
for sale. He agreed that it is not a good idea to have merchandise on the curb side.
He requested the Council not discourage periodic sidewalk sales.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and the motion did not carry (Councilmembers P. Arellano, Pinheiro,
Sudol, Velasco, and Springer voting no) to approve Option 1 to amend City Code
Section 20.34.
Motion was made by Councilman Pinheiro, seconded by Councilman Velasco
to approve an Option 3 to work with the Chambers, GDDC, and the merchants to
address and resolve concerns, and the following amended motion took precedence.
Motion was made by Councilman Pinheiro, seconded by Councilman Velasco
and carried (Councilmembers G. Arellano, Morales and Sudol voting no) to
approve Option 2 that no sale of merchandise be allowed on the sidewalks except
for permitted events such as street fairs, and directed staff to work with the
Chambers, GDDC, and the merchants to identifY permitted events.
Motion was made by Councilman Sudol, seconded by Councilman P. Arellano
and carried (Councilmembers G. Arellano and Morales voting no) to direct staff to
research the issue of A-board signs.
The Mayor noted a Resolution approving final form of financing documents
and authorizing sale of bonds for Bonfante Gardens Theme Park.
The staff report was noted and further explained by Administrative Services
Director Dorn.
Larry Jensen further explained the amendment for sale of the bonds.
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Craig Hill, City of Gilroy Financial Advisor, noted that the initial sale of the
bonds was to be to institutional investors. He explained that due to difficulties
negotiating with the institutional investors, they are recommending Council
approve the current financing documents, which give the financing team the option
of selling the bonds to institutional investors or sophisticated investors in the
general public.
Larry Jensen explained that the buyers for the Bonfante friends and family
bonds have to sign a document that they are an accredited investor/buyer, and if
they sell the bonds, the new buyers must also sign the same document.
(At 10: 16 p.m. Councilman Morales left the Council Chambers and returned at
10: 17 p.m.)
Councilmember G. Arellano stated that she had previously recused herself from
voting on issues related to Bonfante Gardens due to employment of her spouse
with Bonfante Gardens, but noted that that employment is complete, and that she
will vote on this issue.
Res.2000-80 Motion was made by Councilman Velasco, seconded by Councilman Sudol and
carried to approve Resolution No. 2000-80 approving final form of financing
documents and authorizing sale of bonds for Bonfante Gardens Theme Park.
RESOLUTION NO. 2000-80
A RESOLUTION APPROVING FINAL FORM OF FINANCING
DOCUMENTS AND AUTHORIZING SALE OF BONDS FOR BONF ANTE
GARDENS THEME PARK.
PASSED AND ADOPTED this 4th day of December, 2000, by the following vote;
AYES: COUNCILMEMBERS: PINHEIRO, SUDOL, VELASCO and
SPRINGER
NOES: COUNCILMEMBERS: P. ARELLANO and MORALES
ABSENT: COUNCILMEMBERS: G. ARELLANO
Councilmember G. Arellano stated that she abstained from voting on this issue,
because she felt that she did not have all the information to vote on it.
Hecker Pass
Specific
Plan
The Mayor noted a request from Rob Oneto on behalf of the Hecker Pass
Property Owners Association requesting that the City waive specific plan
development fees for the General Plan Amendment and environmental review for
the Hecker Pass Specific Plan.
Councilman Velasco recused himself from discussion and vote on this issue
due to the proximity of his residence to the project, and left the dais.
The City Administrator explained that the City was going to do this project,
and the landowners have decided to move this forward. He noted that this has
never been done before, that the landowners take the project on. He explained
that this request could cost the City approximately $50,000.
(At 10:26 p.m. Councilman Sudol left the Council Chambers, and returned at
10:28 p.m.)
(At 10:42 p.m. Councilmember G. Arellano left the Council Chambers, and
returned at 10:44 p.m.)
Jim Hoey, 2480 Hecker Pass Road, representing the Hecker Pass Property
Owners Association, reviewed that they were hoping that the Specific Plan and
General Plan would be completed at the same time. He noted that because of the
time constraints for staff, that the property owners requested to create the Specific
Plan. He stated that they have talked to all the current land owners.
Chris Vanni stated that he has been in contact with properties for sale.
Setbacks on
Historical
Sites
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Motion was made by Councilman Sudol, seconded by Councilman Pinheiro
and carried (Councilmembers G. Arellano and P. Arellano voting no and
Councilman Velasco absent) to waive specific plan development fees for the
general plan amendment and environmental review.
Councilman Velasco returned to his seat at the dais..
The Mayor noted a request from Amos Brown regarding setbacks on historical
sites vs. residential setbacks.
Amos Brown reviewed his question on residential setbacks for historical sites.
(At 11:06 p.m. Councilman Pinheiro left the Council Chambers and returned at
11:07 p.m.)
The City Attorney explained that Gilroy is not violating any laws with regard
to this property.
(At 11: 17 p.m. Councilman Morales left the Council Chambers, and returned
at 11:19 p.m.)
Motion was made by Councilman Pinheiro, seconded by Councilman Velasco
and carried that no further be taken on this request.
^
Action
The Mayor noted agenda Item IX.B.2.b. regarding a lost child, and especially
recognized the VIPs. He noted Russ Valiquette in the audience, and asked him to
pass that on to his fellow VIPs.
The following informational items were noted with no separate discussion on
same:
Customer Service:
Letter of thanks from Eric Dicus, Deloitte & Touche Fantus Consulting, to
Norman Allen for presenting Gilroy for Project Toucan;
Letter of thanks from Larry Carrier to Chief Giusiana and the following
members of the Gilroy Police Department for assistance in locating his missing
grandson: Sgt. Ellevan; Cpls. R. Quinones and Ashley; Officers Bentson, Crivello,
Guerin, Rockeforte, Hernandez, N. Quinones, Bolton, Montti, and Callahan;
Volunteers in Policing Members John Stelling, Steve Noriega, Russ Valiquette,
and Ed Soares; Police Records Tech. Julie Ines; and Public Safety Communicators
J. Guyton, C. Carpenter, and M. Forry;
Memorandum of appreciation from Chief Giusiana to Officers Gillio, Marfia,
and Callahan and Nina Sheleman regarding assistance with a grand theft in
Alameda; and
Letter of thanks from Emily Mardirosian, Gilroy Senior Center Gift Shop, to
Robin Rianda for the use oftables at the Senior Center.
Informational items:
Letter from David W. Kunhardt, Transamerica Realty Services, regarding
prepayment ofHUD Insured Mortgage for Gilroy Apartments (HUD #121-
44018);
Letter from Mayor Springer to District Attorney George Kennedy expressing
appreciation for the assistance of Community Prosecutor Frank Carrubba;
Memorandum from Michael Dorn regarding an amendment to the Bonfante
Gardens Bonds Preliminary Offering Statement (POS);
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P&RCom.
11-14-00
SCRWA
10-10-00
Information regarding permit processing to allow the removal of the oak tree
on the south side ofthe Mantelli Drive right-of-way; and
2001 Gilroy City Council Meeting Schedule and 2001 Schedule of Department
and Board/Commission Presentations to Council.
The report of the Parks & Recreation Commission meeting of November 14,
2000 was noted.
Motion was made by Councilman Pinheiro, seconded by Councilmember G.
Arellano and carried to change the signage at Christmas Hill Park to read:
"Christmas Hill Park - Home of the Gilroy Garlic Festival".
The minutes of the South County Regional Wastewater Authority meeting of
October 1 0, 2000 were noted.
The City Administrator distributed Council retreat topics. He requested the
Council vote for three items, so that he can prioritize the items for the agenda. He
invited the Council to the December 12, 2000 graduation of the current Citizens
Police Academy at 6:00 p.m. in the Council Chambers.
Councilman Sudol stated that last Tuesday he witnessed the swearing in of the
first Youth Commission, and noted that he has high hopes for these youth.
The Mayor noted the following meetings/events, commenting that the
December meetings for SCRWA have been cancelled:
*Meeting will be televised on Channel 17
DECEMBER 2000
4 Study Session - Update on New Procedures to Optimize City's Use of Grants
- 6:00 p.m., Gilroy City Council Chambers
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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
12 Study Session - RDO Affordable Housing Exemption -7:00 p.m., Temporary
Environmental Education Center (TEEC) building at the Ranch Site, Christmas
Hill Park, 7049 Miller Avenue, Gilroy, California
18 Study Session - Information Technology Cost Effectiveness and Possible
Organizational Changes - 6:00 p.m., Gilroy City Council Chambers
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
JANUARY 2001
2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 Study Session - Economic Development -7:00 p.m., Gilroy Senior Center
Meeting Room
9 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
19 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
20 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 Tentative Study Session - Subdivision Code/Standards Update - 7:00 p.m.,
Gilroy Senior Center Meeting Room
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
29*Study Session - cm -7:00 p.m., Gilroy City Council Chambers
-I
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Adjournment
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FEBRUARY 2001
5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 10:09 p.m. the Mayor adjourned the meeting.
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/s/ RHONDA PELLIN
City Clerk