Minutes 2001/02/05
76i;~
Regular Meeting
February 5, 2001
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Posting
Agenda
The City Clerk noted that the Agenda had been posted on January 31,
2001 at 11:45 a.m.
Roll Call
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W.
Springer - 7:08 p.m.
The Mayor stated that under Orders of the Day, action will be taken on Z 00-
07, then the Public Hearing will be held on TM 00-08, then action on NS 00-40.
Councilmembers Sudol and Velasco stated that they viewed the tape of the
previous meeting and that they will vote on issues at this meeting.
Promoted Emp. The Mayor introduced promoted employee Cydney Casper, Planner II,
Community Development Department.
Kirsten Carr The Mayor introduced Kirsten Carr, Executive Director, Gilroy Visitors
Bureau.
Vol. Award The Mayor presented the Volunteers of the Month Award for January, 2001 to
Laisha & Celina Munoz.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Amos Brown stated there is a lot of senseless gang shooting going on in this
town. He stated that there should be zero tolerance to allow the perpetrator to be
on the streets. He stated a joint effort needs to be done to remove the guns from
the hands of the kids that carry them.
Consent
Calendar
Motion was made by Councilman Morales, seconded by Councilman P.
Arellano 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
Minutes ofthe Regular Council Meeting of January 16,2001;
Budget
Budget Amendments/Transfers as recommended;
Claims
Denied claims of Maria Esther Robles and Maria Melendez;
Accept. Impr. Accepted Improvements, Tract 9173, Santa Teresa Estates, LLC;
Tract 9173
Santa Teresa Est. ,LLC
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Res. 2001-4 Adopted Resolution No. 2001-4 establishing an all-way stop at the intersection
of Ronan Avenue and Taos Way in the City of Gilroy pursuant to Section 15.40 of
the City Code;
RESOLUTION NO. 2001-4
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF RONAN
AVENUE AND TAOS WAY IN THE CITY OF GILROY PURSUANT TO
SECTION 15.40 OF THE CITY CODE.
PASSED AND ADOPTED this 5th day of February, 2001, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Prop.Impr.Agr. Property Improvement Agreement No. 2001-01, Tract 9312, Eagle Ridge,
Tract 9312 Phase IV, A.P.N. 810-44-010 & 011, Eagle Ridge Development Company, LLC.
Eagle Ridge Ph.IV
Pub. Hearing
Z 00-07
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Zone Change request to change the City of Gilroy Zoning Map from
Al (Agriculture) to R3-PUD (Medium Density Residential-Planned Unit
Development) on approximately 22.3::1:: acres ofland located at the southwest
corner of Santa Teresa Boulevard and Hecker Pass Highway. Coastal Rim
Properties, applicant, Z 00-07.
Councilman Velasco recused himself from discussion and vote on these issues
due to the proximity of his residence to this project, and stepped down from the
dais.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried (Councilman Pinheiro voting no and Councilman Velasco
absent) to direct staff to prepare an ordinance approving Z 00-07.
Pub. Hearing
TM 00-08
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Tentative Map request to subdivide approximately 22.3::1:: acres of
land into a 13-10t residential (senior housing) subdivision on property proposed for
rezoning from Al (Agriculture) to R3-PUD (Medium Density Residential-Planned
Unit Development) located at the southwest corner of Santa Teresa Boulevard and
Hecker Pass Highway. Coastal Rim Properties, applicant, TM 00-08.
The Mayor opened the Public Hearing.
Franco Mola stated that they have worked hard on this project for several
years. He reviewed the proposed project.
Amos Brown stated that he is in disagreement with the map. He asked that the
Building Code be revised so that the care facility can be of the highest standard.
Joel Goldsmith noted concern with the building height and the Third Street
area. He requested that Third Street flow into the Hecker Pass Specific Plan area.
He reviewed possible solutions to his concerns.
The Mayor closed the Public Hearing.
In answer to a question, Mr. Mola explained the proposal for the estate lot.
He questioned adding this estate lot to the Hecker Pass Specific Plan area.
The Mayor requested a friendly amendment to the following motion, but was
not agreed upon to add a condition that the estate lot be added for review by the
Hecker Pass Specific Plan Committee and also to add a 100' setback from Third
Street.
""1 I' -, ,
( b / c.
NS 00-40
RD 92-29
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried (Councilmembers Pinheiro and Sudol voting no and
Councilman Velasco absent) to direct staff to prepare a resolution modifYing TM
00-08, with additional conditions relating to deeding in perpetuity the estate lot
containing one unit, dedication ofUvas Parkway to be moved from Phase II to
Phase I, and to allow the Hecker Pass Specific Plan Committee to review the Third
Street corridor.
The Mayor noted a request for a Planned Unit Development design review for
the overall design concept for Village Green, a 175-bed senior care facility, 37
senior citizen cottage (condominium) units, and 75 senior citizen rental units, on
property proposed for rezoning from Al (Agriculture) to R3-PUD (Medium
Density Residential-Planned Unit Development) located at the southwest corner of
Santa Teresa Boulevard and Hecker Pass Highway. Coastal Rim Properties,
applicant, NS 00-40.
The City Attorney recommended that if the Council wishes to take additional
action regarding the unit on the estate lot, then explained that the Council should
take it out of action related to this application.
Planner II Durkin reviewed a compromise plan for parking, decreasing 40 stalls
from the current plan from the single family housing area, and noted the location
for the gate.
Motion was made by Councilman Pinheiro to approve the request modifYing it
to require a 100' setback from Third Street and to limit the height to two stories,
and the motion failed for lack of a second.
Motion was made by Councilman Morales, seconded by Mayor Springer and
carried (Councilmembers Pinheiro and Sudol voting no and Councilman Velasco
absent) to direct staff to prepare a resolution modifYing NS 00-40 as
recommended by the Planning Commission, with staff's amended recommendation
for parking.
At 8:46 p.m. the Mayor called for a recess, after which he recalled the meeting
to order.
Councilman Velasco returned to his seat at the dais.
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.
I
Planner II Casper noted that the applicant has held two meetings with
homeowners to address concerns. She noted that the meetings were held on
December 19,2000 and January 3,2001. She noted that there have been no
changes to the map with regard to these meetings.
Russell Schaeffer noted that Country Drive is unsafe for cars or pedestrians.
He noted that the Council is planning to add additional vehicles to an unsafe
roadway.
Kristin Driggs, Valley Oaks Drive, noted that she is impressed with the time
the City and the developer have taken with this project. She noted that if the
Council does not approve this, it will put the homeowners on Valley Oaks Drive at
risk. She requested the Council approve the plan as it is.
Heidi Cook, Dove Court, stated that she is opposed to the opening of Crest
Hill Way to through traffic due to increased traffic and related safety issues. She
requested that the plan be approved as recommended by the Planning Commission.
l6Y)
Mark F. Lyons thanked the Council and the Traffic Engineer for the stop signs.
He also thanked the Traffic Engineer for the traffic light to be constructed at Santa
Teresa Boulevard and Mantelli Drive in August rather than in two years. He read
a letter into the record from Keith Higgins, Higgins & Associates, opposed to the
change in the map from the original version. He requested the Council require the
developer to construct a 4 foot sidewalk on at least one side of Mantelli Drive
from Rancho Hills Drive to the westerly terminus ofMantelli Drive.
David Avilla, Valley Oaks Drive, noted that the developer has worked with the
property owners, and asked that the map be approved as proposed and approved
by the Planning Commission.
Frankie Ness, Mantelli Drive, questioned why Crest Hill Way is concerned
with the traffic from this project. She proposed that stop signs be placed at every
intersection on Mantelli and Country Drives. She requested two accesses out of
the area. She requested bumps be placed in the roadway on Country Drive.
Susan Stieg, Mantelli Drive, requested a safe community both on Crest Hill
Way and Mantelli Drive. She read excerpts from the Fire Master Plan regarding
fire and emergency services and response times. She stated that as the City looks
at new development, the City needs to look at emergency services. She requested
approval be delayed for this project.
Karen Titus, Valley Oaks Court, noted there are no bike lanes on Crest Hill
Drive. She commented that Keith Higgins is a Country Estates resident. She
questioned why the City is spending millions of dollars on roadways if the City is
not going to use them.
Katherine Filice stated that the plan has been signed offby all departments, and
there is nothing wrong with it. She noted that they attempted to include all the
residents in the planning process. She noted that meetings have been held, and no
better plan has been proposed. She requested Council support by approving the
project.
(At 9:31 p.m. Councilman Morales left the Council Chambers, and returned at
9:33 p.m.)
Brian Elliott, Country Drive, noted a major problem that the Country Estates
streets are significantly narrower. He stated that there is a problem of human
safety. He noted a blindside corner near the mailboxes for Country Estates. He
commented that the Council should address these concerns, and come up with
reasonable solutions.
City Attorney Callon noted that the Tentative Map and Architectural and Site
resolutions will be ll!.odified to include additional meeting dates.
Traffic Engineer Abrams distributed operational improvements to the Country
Estates/Mantelli Drive area as a result of neighborhood meetings by the developer
and communication with the contractor for Country Estates Phase II.
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried 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.
Res. 2001-5 Motion was made by Councilman Morales, seconded by Councilman Velasco
and carried to adopt Resolution No. 2001-5 approving RD 92-29 with the
inclusion of further meeting dates.
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76 \.'
TM 99-13
Oaks Motel
Pacheco Pass
Motel
RESOLUTION NO. 2001-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING RD 92-29, A RESIDENTIAL DEVELOPMENT ALLOCATION
OF 218 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 783-47-04, GILL PROPERTIES,
APPLICANT.
PASSED AND ADOPTED this 5th day of February, 2001, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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 ofMantelli Drive, at the
northeast corner of the Country Estates Subdivision, APNs 783-47-003, 783-47-
004 and 783-04-018, Gill Properties, applicant.
(At 9:56 p.m. Councilman Pinheiro left the Council Chambers and returned at
9:59 p.m.)
Motion was made by Councilman P. Arellano, seconded by Councilman
Velasco and carried (Councilmembers Morales, Pinheiro, and Springer voting no)
to continue the request to March 5, 2001 to receive information on the possible
installation of sidewalks and a review of the legal issues.
(At 10:21 p.m. Councilman P. Arellano left the Council Chambers and returned
at 10:23 p.m.)
The Mayor noted a request for the City Council to issue Administrative
Subpoenas regarding the City of Gilroy's compliance review of Transient
Occupancy Tax Records ofMotel/Hotel operators for the Oaks and Pacheco Pass
Motels.
Motion was made by Councilman Morales, seconded by Councilman Velasco
and carried (Councilman P. Arellano absent) to approve issuance of an
Administrative Subpoena regarding the City of Gilroy's compliance review of
Transient Occupancy Tax Records ofMotel/Hotel operators for the Oaks Motel.
Motion was made by Councilman Morales, seconded by Councilman Velasco
and carried to approve issuance of an Administrative Subpoena regarding the City
of Gilroy's compliance review of Transient Occupancy Tax Records of
Motel/Hotel operators for the Pacheco Pass Motel.
SCVWD Reps. The Mayor noted a letter from the Santa Clara Valley Water District regarding
representatives/alternates for committees.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to appoint Councilman P. Arellano as the representative and Norm Allen as
the alternate for the South Flood Zone and Councilman P. Arellano as the
representative and Councilman Pinheiro as the alternate for the Water
Commission.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #1-2001 dated January 5, 2001.
A& C Com.
12-12-00
76//
Customer Service:
Letter of thanks from Glenn Morley, C.C.S. Commercial Construction Services
Inc., to Norman S. Allen and John Greenhut for the opportunity to address some
concerns;
Note of thanks from Alice and Frank Bracken, Architectural Facades, to Norm
Allen and crew for the help and guidance during their move to Gilroy;
Note of thanks from Celia McCormack to John Garcia for helping process her
special events application;
Note of thanks from Celia McCormack to Don Nunes and Marilyn Guerin for
helping with the aerial photos of Christmas Hill Park;
Letter of thanks from Mae Franco, City of Hollister, to Jay Baksa for assisting
with a Fire Chief oral board;
Memorandum of appreciation from the Physically Challenged Board of
Appeals to Al Signorotti for his efforts in removing barriers within the City;
Letter of appreciation from Frederick M. Etzel regarding Cydney Casper's
professional assistance; and
E-mail of thanks from Jim Stephens and Steve Ynzunza to Marty Quiroz, Dave
Rivers, Dave Jackson, and Steve Baty for their assistance in setting up the
Communications Center.
Informational items:
Minutes of the Police Chiefs Advisory Board Meeting of January 10,2001;
Letter from Jay Baksa to the League of California Cities regarding energy
conservation;
Community Development Department - Planning Division monthly report of
long-range applications and status ofRDO allocation & activity dated January 24,
2001;
Information from the Advisory Council of the Council on Aging; and
Hecker Pass Specific Plan Advisory Committee minutes of January 10,2001.
The minutes of the Arts and Culture Commission meeting of December 12,
2000 were noted.
Gang Task Force The minutes ofthe Gilroy Gang Task Force meeting of December 5, 2000
12-5-00 were noted.
Library Com.
12-13-00
P&RCom.
12-12-00
SCRWA
1-9-01
Plan. Com.
1-4-01
The minutes of the Library Commission meeting of December 13, 2000 were
noted.
The minutes of the Parks & Recreation Commission meeting of December 12,
2000 were noted.
The minutes of the South County Regional Wastewater Authority meeting of
January 9, 2001 were noted.
The report of the Planning Commission meeting of January 4,2001 was noted.
767n
The City Administrator asked whether March 12 or 26,2001 would be better
for a joint workshop with the Planning Commission on the inclusion of the 660
acres into the General Plan. It was noted that Council has a meeting with the
school district on March 12,2001 and the City Administrator agreed to check with
the school district to review the meeting dates. He distributed a list of the
prioritized actions from the Council retreat. He asked the Council regarding
setting meetings on soundwall issues and a call-in, and the consensus of the
Council was to delete the call-in meeting from the list. He noted that the SCRW A
meeting for February 13,2001 has been cancelled, not the March 13,2001
meeting as noted on the agenda.
Councilman Pinheiro stated that he will not be able to attend the February 12,
2001 interviews and study session.
Councilmember G. Arellano questioned when the City will be doing the street
striping. The City Administrator stated that the County does this in August and
September. Council agreed to put Chestnut Street from Sixth to Tenth Street on
the list to stripe. Council also directed staff to look at all way stops at Old Gilroy
and Alexander or Forest Streets. Councilmember G. Arellano noted an article in
the paper regarding Murray & Leavesley being a high traffic accident concern and
that there is no directional signage. Staff will look at signage for this intersection.
Councilman P. Arellano questioned pavement management funds and whether
the City has a say on what is done. He was told that the Council approves the list
every year.
Councilman Morales questioned the Forest Park Assessment District and
whether Murray Avenue will be widened. He was told that it would not be
widened.
The Mayor congratulated the Youth Commission on their first successful
fundraising event in conjunction with the 4th Annual Junior High Basketball
Tournament. He noted the Youth Commission sold refreshments.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
FEBRUARY 2001
5 Study Session - Review of the Corporation Yard Improvement Master Plan -
6:30 p.m., Gilroy City Council Chambers
5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 Interviews for Boards/Commissions - 6:00 p.m., Gilroy Senior Center Meeting
Room
12 Study Session - RDO Process, Growth Numbers and Affordable Housing
Exemption Policy - 7:00 p.m., Gilroy Senior Center Meeting Room
13 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
20 Study Session - Update on Glen Lorna Ranch Proiect - 5:30 p.m., Council
Chambers
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26 Workshop for Council Members/Boardmembers/Commission Members on the
Brown Act. Conflict ofInterest, and Meeting Procedure - 7:00 p.m., City
Council Chambers
27 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
MARCH 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
19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
27 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
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Adjournment
7 'I
6/9
APRIL 2001
2 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers
2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 10:38 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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/s/ RHONDA PELLIN
City Clerk