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Minutes 2004/08/02 8276 ) Invocation Posting Roll Call Promoted Employees Regular Meeting August 2, 2004 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Father Dan Derry, St. Mary's Catholic Church, gave the Invocation. The City Clerk noted that the agenda had been posted on July 28, 2004 at 10:03 a.m. Present: Councilmembers: Paul Correa, Robert 1. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco, and AI Pinheiro - 7:00 p.m. Under Orders of the Day the Mayor stated that an item for a tag-on bid for fire equipment would be added to the agenda under the City Administrator's report. The following promoted employees were introduced: Kelly Felice, Planning Technician, Community Development Department~ Theresa Marquez, Human Resources Technician, Administrative Services Department~ and Sandra Sammut, Recreation Supervisor, Community Services Department. 8277 Employee Award The Mayor presented the Employee Award for the Month of July, 2004 to Chris Weber, Firefighter II (medic), Fire Department. 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 anyone in the audience. Consent Calendar Motion was made by Councilman Valiquette, seconded by Councilman Dillon and carried that the following items under the Consent Calendar be approved, by the following Roll Call Vote: Ayes: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco and AI Pinheiro: Minutes Minutes of the Regular Council Meeting of July 19,2004; Accept.Impr. Tract 9443 Accepted Improvements, Tract No. 9443, Kern Avenue, APNs 790-16-86,87 & 88, Neil Mussallem; Budget Budget Amendments/Transfers as recommended~ Ord.2004-13 Adopted Ordinance No. 2004-13 approving an amendment to the Development Agreement between the City of Gilroy and Country Estates Venture dated July 17, 1989~ ORDINANCE NO. 2004-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF GILROY AND COUNTRY ESTATES VENTURE DATED JULY 17,1989. PASSED AND ADOPTED this 2nd day of August, 2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: NONE Surplus Equip. Surplused firefighting SCBA equipment~ Surplus Equip. Declared equipment as surplus~ Accept.Impr. Accepted Improvements, Project No. 03-CCC0122, Sunrise Fire Station~ Sunrise Fire Station Res.2004-75 Adopted Resolution No. 2004-75 approving TM 04-04, a Tentative Map to subdivide an approximately 2.5 acre site into 12 residential lots on a site located at 6555 Monterey Road, APN 799-46-007. The James Group, c/o James Suner, applicant~ RESOLUTION NO. 2004-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 04-04, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 2.5 ACRE SITE INTO 12 RESIDENTIAL LOTS ON A SITE LOCATED AT 6555 MONTEREY ROAD, APN 799-46-007. THE JAMES GROUP, C/O JAMES SUNER, APPLICANT. PASSED AND ADOPTED this 2nd day of August, 2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8278 Res.2004-76 Adopted Resolution No. 2004-76 approving TM 03-08, a Tentative Map to subdivide an approximately 2.65 acre site into 12 residential lots on a site located at the terminus of Mesa Road at Miller Road, Santa Teresa Boulevard and Thomas Road, APN 810-62-012. Hanna & Brunetti, c/o Amanda Wilson, applicant~ RESOLUTION NO. 2004-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 03-08, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 2.65 ACRE SITE INTO 12 RESIDENTIAL LOTS ON A SITE LOCATED AT THE TERMINUS OF MESA ROAD AT MILLER ROAD, SANTA TERESA BOULEVARD AND THOMAS ROAD, APN 810-62-012. HANNA & BRUNETTI, C/O AMANDA WILSON, APPLICANT. PASSED AND ADOPTED this 2nd day of August, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: NONE Prop.Impr.Agr. Property Improvement Agreement No. 2004-12, Tract 9558, South Knoll II @ NO.2004-12 Winged Foot Drive, Eagle Ridge Development Company~ Tract 9558 Prop.Impr.Agr. Property Improvement Agreement No. 2004-10, Tract 9616, Babbs Canyon @ NO.2004-10 Portrush Lane, Eagle Ridge Development Company~ Tract 9616 Prop.Impr.Agr. Property Improvement Agreement No. 2004-14, Tract 9545, Hollyhock Hills, No. 2004-14 Santa Clara County New Communities, LLC~ Tract 9545 Prop.Impr.Agr. Property Improvement Agreement No. 2004-11, Tract 9563, Eagle Ridge No. 2004-11 Court @ Ballybunion, Eagle Ridge Development Company~ and Tract 9563 Prop.Impr.Agr. Property Improvement Agreement No. 2004-13, Tract 9595, Oak Commons- NO.2004-13 Wren Avenue, Wren Commons, Thomas Road Properties and Castlewood Tract 9595 Commercial Properties. Personnel Com. John Young, Vice-Chair, Personnel Commission, reported on the activities of Report the Personnel Commission. He noted new job descriptions and salary ranges that the Commission reviewed over the past year. He stated that the Commission abolished two eligibility lists to allow for a new recruitment process for those two positions. He noted updates to the New Employee Handbook. He stated that the Commission completed a full disciplinary hearing during this review period. He complimented the Human Resources staff for their assistance. Bid-New Police The City Administrator presented a recommendation to award the bid for the Station New Gilroy Police Construction Improvements Project No. 03-CDD-114, to S.l Amoroso Construction in the amount of $22,377,000.00. Motion was made by Councilman Valiquette, seconded by Councilman Morales and carried to award the bid for the New Gilroy Police Construction Improvements Project No. 03-CDD-114, to S.J. Amoroso Construction in the amount of $22,377,000.00. Bid-New Parks The City Administrator presented a recommendation to award the bid for the New Gilroy Park Improvements 2004 (Los Arroyos, Carriage Hills, and Sunrise Parks), Project No. 04-CDD-102, to McGuire and Hester in the amount of $3,646,000.00. He noted a formal protest to the bid. The Acting City Attorney advised that the Council could either accept the low based bid or reject all bids. Pub.Hearin~ LLEBG Z 02-12 8279 Don Chapin explained that the bid included a base bid and 3 alternates. He stated that the bid document included wording regarding the City awarding the base bid and alternates. He noted that his company was the lowest bidder that included the base bid and alternates. He requested that the City not award the alternates later without further bid process, as that would be taking work away from his company. He asked that the bids be rejected and to rebid the project. Motion was made by Councilman Velasco, seconded by Councilman Gartman and carried (Councilmembers Correa, Dillon, and Morales voting no) to reject the bids for the New Gilroy Park Improvements 2004 (Los Arroyos, Carriage Hills, and Sunrise Parks), Project No. 04-CDD-102 and rebid the project. The Mayor stated it was the time and place scheduled for a Public Hearing on a request to consider a report by the Gilroy Police Department recommending project/program for funding under the Federal Local Law Enforcement Block Grant (LLEBG) monies for the 2004-06 Fiscal Years. The staff report was noted and further explained by the City Administrator. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to accept the funding for projects/programs as recommended. The Mayor noted an Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from R1 (Single Family Residential) to R3-PUD (Medium Density Residential- Planned Unit Development) on approximately 1.25 acres at 9035 Kern Avenue, APN 790-04- 081, Riverbend, LLC, c/o Michael Dorn, applicant. Motion was made by Councilman Dillon, seconded by Councilman Gartman 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 Dillon, seconded by Councilman Morales and carried (Councilmembers Pinheiro and Valiquette voting no) to introduce an ordinance approving Z 02-12. Jennifer Clet The Mayor noted an Email of resignation from Jennifer Clet, Youth Commission member, effective August 9,2004. Youth Com. Eliminate Charges Motion was made by Councilman Dillon, seconded by Councilman Valiquette and carried to accept the resignation with regrets and to include this in the current recruitment/application period. The Mayor noted appointment of Youth Commission members. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to appoint the following members to the Youth Commission: Rachel Tenney Aptenar, David Bress (term to expire 8-31-05), Graydon Carr-Ramos, Carly Kennedy, Casandra Mane, Stephanie Orth, and Tania Reynolds, all terms to expire 8-31-06 except as noted above. The Mayor noted an Ordinance of the City of Gilroy amending Gilroy City Code Section 7.4.1, eliminating certain charges to development projects in the C-2 Central Business District zone, to also eliminate such charges along a certain portion ofEigleberry Street. The staff memorandum was noted and further explained by the City Administrator. 8280 Bonfante Gardens Construction Hours Economic Incentives Motion was made by Councilman Correa, 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 Dillon, seconded by Councilman Morales and carried to introduce an ordinance of the City Council of the City of Gilroy amending Gilroy City Code Section 7.4. 1. The Mayor noted a Bonfante Gardens request for 99 units under the Residential Development Ordinance Section 50.63. Bonfante Gardens, c/o David Nevis, applicant, RDO 04-01. Councilman Valiquette recused himself from discussion and vote on this item, due to his employment at Bonfante Gardens, stepped down from the dais, and left the room. The Mayor clarified that he will participate in deliberations regarding Bonfante Gardens, having received determinations from the City Attorney and the FPPC that he has no conflict of interest. The staff report was noted and further explained by the CitY Administrator and Planner II Durkin. Joel Goldsmith, member of the Bonfante Gardens Board of Directors, noted that the completion of this sales transaction would allow the Theme Park to continue. He stated that there is a solid plan in place to make this Park successful. Motion was made by Councilman Morales, seconded by Councilman Correa and carried ( Councilman Valiquette absent) to direct staff to prepare a resolution approving the request for 99 residential development units. Councilman Valiquette returned to his seat at the dais. The Mayor noted an Ordinance of the City Council of the City of Gilroy amending Chapter 16 of the City Code entitled "Offenses-Miscellaneous" by adding a new Section 16.38 regarding the hours of construction. The staff memorandum was noted and further explained by the City Administrator. Motion was made by Councilman Morales, seconded by Councilman Dillon 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 Dillon, seconded by Councilman Morales and carried to introduce an Ordinance of the City Council of the City of Gilroy adding Section 16.38 to the Gilroy City Code. The Mayor noted consideration of Extending Economic Incentives based on Job Offset to Multi-tenant Industrial or Research and Development Projects. The staff memorandum was noted and further explained by the City Administrator. Consensus of the Council was to direct staff to develop a policy that provides an economic incentive for multi-tenant job offset through a development agreement. Public Service The Mayor noted a Resolution ordering the vacation of a Public Service Easement Easement retained by the City of Gilroy by Resolution 2003-55 on August 4, 2003. 8281 The staff memorandum was noted and further explained by the City Administrator. Res.2004-77 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to adopt Resolution No. 2004-77 ordering the vacation of a Public Service Easement retained by the City of Gilroy by Resolution 2003-55 on August 4,2003. RESOLUTION NO. 2004-77 A RESOLUTION ORDERING THE VACATION OF A PUBLIC SERVICE EASEMENT RETAINED BY THE CITY OF GILROY BY RESOLUTION 2003-55 ON AUGUST 4,2003. PASSED AND ADOPTED this 2nd day of August, 2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The following informational items were noted with no separate discussion on same: Legislation: Letters to Senators Dianne Feinstein and Barbara Boxer requesting opposition to S. 2281, the "VOIP Regulatory Freedom Act of2004~" Letters to Senators John Vasconcellos and Bruce McPherson urging opposition to SCA 9~ and Letters to Senators John Vasconcellos and Bruce McPherson and Assemblymember Simon Salinas requesting support for the Local Government Agreement. Customer Service: Email of appreciation from Bob Kraemer regarding an incident at Bonfante Gardens, noting that the Gilroy Police Department is the best to work with~ Email of thanks from Wally Finck to Kristi Abrams and Arlynn Bumanglag for taking the time to allow a civil engineering student to shadow you to learn more about your profession~ City of Gilroy Investment Report dated June, 2004~ Letter of thanks from Frederic E. Phillips to Frank Vargas for the excellent customer service provided to him~ and Letter to the Editor of the Gilroy Dispatch from Carlos and Suzanne Lopez thanking the Gilroy Police Department for their respect and concern. Informational items: Letter from Peter Cartwright, CALPINE CORPORATION, noting their contributions and thanking the City of Gilroy for its support~ Electric Restructuring Costs Account (ERCA) proceeding, updated Notice of Application 00-07-013 for PG&E~ and Letter from Amanda Relyea, ICMA, congratulating Jay Baksa on 30 years of service in local government. 8282 A& C Com. 6-8-04 The minutes of the Arts and Culture Commission meeting of June 8, 2004 were noted. Library Com. 6-9-04 The minutes of the Library Commission meeting of June 9, 2004 were noted. P&RCom. 5-18-04 The minutes of the Parks & Recreation Commission meeting of May 18, 2004 were noted. Youth Com. 6-14-04 The minutes of the Youth Commission meeting of June 14, 2004 were noted. Bid- Type 4 Wildland Engine The City Administrator explained the request to piggy-back on a negotiated bid with the County of Alameda. He stated that the process is coming to a close and the opportunity will not be available if the City has to wait until September. Acting City Attorney Faber noted that adding an emergency item would require a 2/3 s vote of the City Council, to determine that there is a need to take immediate action and that the item was brought to the attention of the City after the agenda was posted. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to add an item to the agenda regarding approval of a piggy-back negotiated bid with the County of Alameda for a Type 4 Wildland Engine, determining that there is a need to take immediate action and that the item was brought to the attention of the City after the agenda was posted. Motion was made by Councilman Valiquette, seconded by Councilman Gartman and carried to approve a piggy-back negotiated bid with the County of Alameda for a Type 4 Wildland Engine. The City Administrator distributed an EP A form to review for his evaluation. Council agreed to set the Council mini-retreat for Friday, October 8,2004. The also agreed to set October 11, 2004 starting at 6:00 p.m. for a mini-retreat with the Planning Commission to review items of mutual interest. Councilman Velasco stated that there is an item on the next day's Board of Supervisors agenda for adoption of a resolution to ask the County Executive to contact the cities regarding a state law passed about dropping off a newborn baby at a hospital, which would allow fire stations to also become a "safe haven" for drop offs. The Mayor stated that the City Administrator will be receiving an award in San Diego from ICMA for 30 years of service in Local Government. Adjournment At 8:44 p.m. the Mayor adjourned the meeting to a closed session pursuant to To Closed Government Code Section 54956.8: Session CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 7353 & 7355 Monterey Street, Gilroy, California (Marko & Klara Gera) APN 799-08-039 & 799-08-040 7347 Monterey Street, Gilroy, California (Gin L. & Leung K. Dong) APN 799-08-041 7341 Monterey Street, Gilroy, California (Salvation Army) APN 799-08-042 & 043 7301 Monterey Street, Gilroy, California (George Besson Jr. Trustee) APN 799-08-044 57 & 67 W. Seventh Street, Gilroy, California (Baleriana Oyao) APN 799-08-045 & 046 7310, 7320, 7330, 7350 and 7360 Eigleberry Street, Gilroy, California (Marko & Klara Gera) APN 799-08-047,048,049,050,051 & 060 Agency Negotiator: Jay Baksa Negotiating Parties: City of Gilroy and above property owners Matter Under Negotiation: Acquisition / price and terms of payment At 9: 16 p.m. the Mayor reconvened the meeting and announced that no action had been taken in the Closed Session. 8283 The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 AUGUST 2004 2 Study Session - Role of Council on Boards - 5:30 p.m.,Gilroy City Council Chambers 2 Youth Commission Interviews - 6:00 p.m., Gilroy City Council Chambers 2*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 10 SCRW A Meeting - 7:30 a.m.; 1500 Southside Drive, Gilroy (CANCELLED) 10 Downtown Specific Plan Task Force Meeting - 6:00 p.m. (CANCELLED) 16*Regular CiO' Council Meeting -7:00 p.m. Council Chambers (CANCELLED) 17 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center (CANCELLED) 31 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (moved from 8-24-04) SEPTEMBER 2004 7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13 Study Session - Nexus Study - 6:00 p.m. Gilroy City Council Chambers 13 Joint Workshop with the Planning Commission - Glen Lorna Ranch Specific Plan - 6:00 p.m., Gilroy City Council Chambers (CANCELLED) 14 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 14 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 20*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 21 Neighborhood District Task Force -7:00 p.m., Gilroy Senior Center 27 Study Session - Nexus Study - 6:00 p.m. Gilroy City Council Chambers 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy OCTOBER 2004 4*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 12 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 12 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 18*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 19 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 26 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 9: 17 p.m. the Mayor adjourned the meeting to the meeting of August 2, 2004. Respectfully submitted, ).- de \.. j / i _._'.J' "-", _,'" I ,i ..- "" "- "---rli')u(A- L/{ t {L- /'. Isl \ RHONDA PELLIN, CMC City Clerk