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Minutes 2007/07/16 8673 Regular Meeting July 16, 2007 Gilroy, California Mayor Pinheiro led the Pledge of Allegiance to the flag. City Clerk Freels noted that the agenda had been posted on July 11, 2007 at 1 :37 p.m. Roll Call Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Roland Velasco; and Al Pinheiro - 7:03 p.m. Orders of the Day Item IILB., The Approval of the City Council Policy on General Fund Reserve Balances and Item V.A., GP A 05-02 were removed from the agenda. Councilmember Velasco stated that he had viewed the video of the June 11 th and would be voting on those items. Introductions The following promoted employee was introduced: Shawna Freels, City Clerk, Administrative Services Department. Mayor Pinheiro presented retiring City Clerk Rhonda Pellin with flowers and thanked her for her service to the City. The following new employees were introduced: Nicolas Garrett, Firefighter IIParamedic, Fire Department; Christian Von Beverfoerde, Firefighter IIParamedic, Fire Department; Paul Gimenez, Facilities Maintenance Specialist, Administrative Services Department; Elizabeth Arde, Accounting Assistant I, Finance Department. Presentations & Proclamations Mayor Pinheiro presented the Employee A ward for the Month of June, 2007 to Jane Alexander, Senior Plan Review Technician, Community Development Department. Mayor Pinheiro presented the Employee Award for the Month of July, 2007 to Jackie Bretschneider, Fire Marshal, Community Development Department. Parks and Recreation Report of Activities Barbara DeLorenzo, Chair of the Parks and Recreation Committee, gave a report of the committee activities. Presentations by members of the public for items not on the agenda, but within the subject matter jurisdiction of the City Council. Lee Wieder thanked Rhonda Pellin for her services to the City and then spoke in favor of holding the RDO allocations on September lOth. Gary Freeman of the Santa Clara County Realtors Association spoke on the need for the removal of off-site directional signs put in place by Realtors. Mayor Pinheiro explained that he had recently sent letters to Realtors in the community, asking that they not place signs in the public right of way. City Administrator Baksa explained that the City Staff was picking up the signs on weekends and asked for support from the Realtors Association in addressing the issue. Consent Calendar Motion was made by Councilman Correa, seconded by Councilman Arellano and carried to approve the Consent Calendar removing Items IILA, IILB and III.C, by the following Roll Call Vote: Arellano, Bracco, Correa, Gartman, Velasco and Pinheiro. (Councilman Valiquette absent) Recommendation to Write-Off Uncollectible Utility Accounts. 8674 Resolution ofthe City Council of the City of Gilroy amending Resolution No. 2006-73 approving participation in the Local Agency Investment Fund and naming City officials authorized to order deposits and withdrawals. RESOLUTION NO. 2007-57 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING RESOLUTION NO. 2006-73 APPROVING PARTICIPATION IN THE LOCAL AGENCY INVESTMENT FUND AND NAMING CITY OFFICIALS AUTHORIZED TO ORDER DEPOSITS AND WITHDRAWALS. PASSED AND ADOPTED this 16th day of July, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALIQUETTE Resolution of the City Council of the City of Gilroy amending Resolution No. 97-51 authorizing officers who may conduct financial transactions on behalf of the City of Gilroy. RESOLUTION NO. 2007-58 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING RESOLUTION NO. 97-51 AUTHORIZING OFFICERS WHO MAY CONDUCT FINANCIAL TRANSACTIONS ON BEHALF OF THE CITY OF GILROY. PASSED AND ADOPTED this 16th day of July, 2007 by the following vote: A YES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALIQUETTE Notice of Acceptance of Completion, Seventh Street Site & Building Demolition, Project No. 07-CDD-139, Randazzo Enterprises, Inc. Property Improvement Agreement No.: 2007-11, Tract 9931 - Gilroy Independence, APN: 790-35-015,016 & 017, Gilroy Aviation Sciences, Technology, and Alternative Energy Investment Fund, Inc., A California Corporation. Minutes ofthe June 4 and June 11,2007 Regular City Council Meetings and Minutes of the June 18, 2007 Special City Council Meeting. Councilman Velasco stated for the record that if he had been present at the meeting of June 11,2007, he would have voted no on Item VII.B., the Utility Users Tax, as he did not want to take a position for or against the measure as he was opposed to luxury taxes on new technology. Motion was made by Councilman Velasco, seconded by Councilman Bracco and carried to approve Item lILA, by the following Roll Call Vote: Arellano, Bracco, Correa, Gartman, Velasco, and Pinheiro. (Councilman Valiquette absent). Property Improvement Agreement No: 2007-10, Tract 9916 - Eleventh Street Commons, APN: 799-33-045 & 047, Pinn Brothers Fine Homes. Councilman Bracco recused himself and left the dais due to a conflict of interest as a property owner within 500 feet of the subject property. Motion was made by Councilman Velasco, seconded by Councilman Arellano and carried by the following Roll Call Vote: Arellano, Correa, Gartman, Velasco, and Pinheiro. (Councilmemebers Bracco and Valiquette absent) Bids and Proposals J anitoriallCustodial Services Recommendation to rescind the previously awarded bid for Custodial Services, Project No. 07-ASD-138, to Madrigals Cleaning Service, and recommendation to award 8675 the bid for Custodial Services, Project No. 07-ASD-138, to Commercial Custodial Services, in the amount of$197,316.76. City Administrator Baksa presented a recommendation to rescind the previously awarded bid for Custodial Services, Project No. 07-ASD-138, to Madrigals Cleaning Service, and to recommend awarding the bid for Custodial Services, Project No. 07- ASD-138, to Commercial Custodial Services, in the amount of$197,316.76. Juan Birrueta of Madrigals Cleaning Services addressed the Council explaining that his company had received verbal extensions of time in order to secure the necessary bond documents. City Administrator Baksa explained that there were other issues related to the backgrounding of the company that had prohibited the City from entering into a contract with Madrigals Cleaning. Motion was made by Councilman Bracco, seconded by Councilman Velasco and carried (Councilman Gartman voting no and Councilman Valiquette absent) to rescind the previously awarded bid for Custodial Services, Project No. 07-ASD-138, to Madrigals Cleaning Service, and to award the bid for Custodial Services, Project No. 07- ASD-138, to Commercial Custodial Services, in the amount of$197,316.76. Bridges Recommendation to award the bid for the Camino Arroyo Bridge Phase I, Project No. 07-CDD-141, to Galeb Paving, in the amount of $2,438,986.62. City Administrator Baksa presented a recommendation to award the bid for the Camino Arroyo Bridge Phase I, Project No. 07-CDD-141, to Galeb Paving, in the amount of $2,438,986.62. Motion was made by Councilman Arellano, seconded by Councilman Bracco and carried (Councilman Valiquette absent) to award the bid for the Camino Arroyo Bridge Phase I, Project No. 07-CDD-141, to Galeb Paving, in the amount of $2,438,986.62. Plan Check/Field Examining Services Recommendation for consultant selection (RFP No. 07-RFP-CDD-330) to provide Professional Services for the review of residential, commercial and industrial building plans and fire suppression, detection and alarm systems plans including expedited and third party review services for CSG Consultants and West Coast Code Consultants, Inc. City Administrator Baksa presented a recommendation for consultant selection (RFP No. 07-RFP-CDD-330) to provide Professional Services for the review of residential, commercial and industrial building plans and fire suppression, detection and alarm systems plans including expedited and third party review services for CSG Consultants and West Coast Code Consultants, Inc. Building Department Manager Abrams spoke on the item providing additional information on the bidding firms. Motion was made by Councilman Arellano, seconded by Councilman Bracco and carried (Councilman Valiquette absent) to approve consultant selection (RFP No. 07- RFP-CDD-330) to provide Professional Services for the review of residential, commercial and industrial building plans and fire suppression, detection and alarm systems plans including expedited and third party review services for CSG Consultants and West Coast Code Consultants, Inc. Tony Sodul General Plan Amendment to 1) amend the General Plan to include this area in the Downtown Expansion District, 2) to amend the Downtown Expansion District along the Tenth Street corridor to allow residential development without a commercial component (stand-alone residential), and 3) to revise allowable General Plan outdoor noise levels along the Downtown Specific Plan railroad corridor which would also make them consistent with California State and HUD guidelines, on 6.29 acres of property zoned CM (Commercial Industrial), located at 200 E. Tenth Street (old Indian Motorcycle). San Ysidro Square, applicant (c/o Tony Sudol), GPA 05-02. 8676 Zone Change request to change the zoning designation from CM (Commercial Industrial) to DED (Downtown Expansion District), on property located at 200 E. Tenth Street (old Indian Motorcycle). San Ysidro Square, applicant (c/o Tony Sudol), Z 05-11. Councilman Bracco recused himself from the dais due to property ownership in the vicinity of the project site. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried (Councilman Bracco and Councilman Valiquette absent) to continue the item to the September 17, 2007 Regular City Council Meeting. Police Department Public Hearing on a request to consider a report by the Gilroy Police Department recommending project/program for funding under the Byrne Justice Assistance Grant (J.A.G.) monies for the 2007-2010 Fiscal Years. The staff report was noted and further explained by City Administrator Baksa. Mayor Pinheiro opened the Public Hearing. There being no comments from the audience, Mayor Pinheiro closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Councilman Valiquette absent) to accept the funding for projects/programs as recommended. South Valley Disposal and Recycling Public Hearing to consider placement of liens for non-payment of charges for the collection of garbage, rubbish and refuse in the City of Gilroy. The staff report was noted and further explained by Co-Finance Director Turner. Mayor Pinheiro opened the Public Hearing. Mayor Pinheiro closed the Public Hearing. Motion was made by Councilman Bracco, seconded by Councilman Arellano and carried (Councilman Valiquette absent) to adopt Resolution No. 2007-59 regarding the imposition of a special assessment lien the costs of delinquent garbage collection services for certain properties located in Gilroy, California. RESOLUTION NO. 2007-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING THE IMPOSITION OF A SPECIAL ASSESSMENT LIEN THE COSTS OF DELINQUENT GARBAGE COLLECTION SERVICES FOR CERTAIN PROPERTIES LOCATED IN GILROY, CALIFORNIA. PASSED AND ADOPTED this 16th day of July, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALIQUETTE Weed Abatement Public Hearing on Report and Assessments for Weeds and Refuse Abatement. The staff report was noted and further explained by City Administrator Baksa. Mayor Pinheiro opened the Public Hearing. There being no comments from the audience, Mayor Pinheiro closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Bracco and carried (Councilman Valiquette absent) to adopt Resolution No. 2007-60 confirming the report of the Chief of the Fire Department setting forth the description of property, naming the owners thereof, and the cost of abating the nuisance caused by the growing of weeds and accumulation of refuse on the property, and providing that such cost shall constitute assessments against the land. 8677 RESOLUTION NO. 2007-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, NAMING THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE ON THE PROPERTY, AND PROVIDING THAT SUCH COST SHALL CONSTITUTE ASSESSMENTS . AGAINST THE LAND. PASSED AND ADOPTED this 16th day of July, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALIQUETTE Public Health Goal Report Public Hearing to consider the required Public Health Goal Report regarding the City of Gilroy water utilities. The staff report was noted and further explained by City Administrator Baksa. Mayor Pinheiro opened the Public Hearing. There being no comments from the audience, Mayor Pinheiro closed the Public Hearing. All of the Council agreed to accept the report. The staff report was noted and further explained by City Administrator Baksa. Operations Services Supervisor Aldridge and Operations Manager Rough expanded on the item. Mayor Pinheiro opened the Public Hearing. There being no comments from the audience, Mayor Pinheiro closed the Public Hearing. The staff report was noted and further explained by Co-Finance Director Turner. Mayor Pinheiro opened the Public Hearing. J.R. Christianson spoke against having the lien against his property. Mayor Pinheiro closed the Public Hearing. Gilroy Unified School District A Resolution of the City Council of the City of Gilroy approving GPA 05-05, a General Plan Amendment to change the General Plan land use designation from Educational Facility to Medium Density Residential on approximately 10.31 acres, located at 8450 Wren Avenue, APN 790-25-031, Gilroy Unified School District, c/o Steve Brinkman, applicant. Motion was made by Councilman Correa, seconded by Councilman Bracco and carried (Councilman Gartman voting no and Councilman Valiquette absent) to adopt Resolution No. 2007-61 approving GPA 05-05, a General Plan Amendment to change the General Plan land use designation from Educational Facility to Medium Density Residential on approximately 10.31 acres, located at 8450 Wren Avenue, APN 790-25- 031, Gilroy Unified School District, c/o Steve Brinkman, applicant. RESOLUTION NO. 2007-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GP A 05-05, A GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM EDUCATIONAL FACILITY TO MEDIUM DENSITY RESIDENTIAL ON APPROXIMA TEL Y 10.31 ACRES, LOCATED AT 8450 WREN AVENUE, APN 790-25-031, GILROY UNIFIED SCHOOL DISTRICT, C/O STEVE BRINKMAN, APPLICANT. PASSED AND ADOPTED this 16th day of July, 2007 by the following vote: 8678 AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: VALIQUETTE Residential PUD Amenity Policy Approval of a Residential PUD (Planned Unit Development) Policy to regulate amenities in residential Planned Unit Development projects. City of Gilroy, applicant, M 06-08. The staff report was noted and further explained by Planner II Durkin. Councilman Arellano spoke on amenities required asking if the city was attempting to get away from HOA's and LLD's and further explained that he disagreed with giving a large amount of points for more parking spaces than required. Planner Durkin explained that the PUD applications would be discretionary and the Council would have final review for approval. Councilman Bracco stated that he didn't agree with the policy point system explaining that there should be more discussion on PUD's. Councilman Gartman agreed, explaining that a PUD was an exception, set-up to mitigate a property situation. He stated that he wasn't in support of the item and asked that Council spend more time on it. Councilman Velasco asked why the review period was in 2 years. Planner Durkin stated that it could be 1 year. Councilman Velasco explained that he agreed with Councilman Bracco and stated that staff was on the right track, but additional review needed to take place. Councilman Arellano stated that the policy was moving in the right direction. Mayor Pinheiro asked to bring the item back at another time as more review was needed. Councilman Correa agreed. Council discussed bringing the item back at the October 26th Policy Summit. Motion was made by Councilman Gartman, seconded by Councilman Bracco and carried (Councilman Arellano voting no and Councilman Valiquette absent) to continue the item to the November 19,2007 Regular Meeting. Police Department Acceptance of Completion for Police Facility Improvements. The staff report was noted and further explained by City Administrator Baksa. Councilman Gartman spoke on the cost overruns asking if they would come back to Council. City Administrator Baksa explained that they were included in the settlement. Motion was made by Councilman Arellano, seconded by Councilman Velasco and carried (Councilman Gartman voting no and Councilman Valiquette absent) to accept the completion of the Police Facility Improvements. Gilroy Unified School District A Resolution of the City Council of the City of Gilroy authorizing the filing of application documents for joint use funding and site acquisition funding for the Christopher High School Gymnasium facility and approval of the joint use agreement. The staff report was noted and further explained by City Administrator Baksa. 8679 Councilman Gartman spoke on a needed correction in the document and spoke on the term of the ownership of the property. City Administrator Baksa explained that the term was the standard. Councilman Arellano asked it the 20 year term could be amended. He than asked if the funding was still available. City Administrator Baksa explained that the amortization would take place in 20 years. Steve Brinkman of the Gilroy Unified School District spoke on the item explaining there were approvals that still need to take place but it would not impact the funding. Motion was made by Councilman Bracco, seconded by Councilman Arellano and carried (Councilman Valiquette absent) to adopt Resolution No. 2007-62 authorizing the filing of application documents for joint use funding and site acquisition funding for the Christopher High School Gymnasium facility and approval of the joint use agreement. RESOLUTION NO. 2007-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE FILING OF APPLICATION DOCUMENTS FOR JOINT USE FUNDING AND SITE ACQUISITION FUNDING FOR THE CHRISTOPHER HIGH SCHOOL GYMNASIUM FACILITY AND APPROVAL OF THE JOINT USE AGREEMENT. PASSED AND ADOPTED this 16th day of July, 2007 by the followng vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALIQUETTE City Council Request for designation of voting delegate and alternate for the 2007 League Annual Conference. Motion was made by Councilman Gartman, seconded by Councilman Arellano and carried (Councilman Valiquette absent) to appoint Councilman Gartman as the voting delegate and Councilman Arellano as the alternate voting delegate for the 2007 League Annual Conference. CommissionsIBoards Resignation from Youth Commission Member Carly Kennedy. The staff report was noted and further explained by City Administrator Baksa. Motion was made by Councilman Garman, seconded by Councilman Arellano and carried (Councilman Valiquette absent) to accept the resignation with regrets and approve filling the vacancy during the current recruitment. Resignation from BicycleIPedestrian Advisory Board Member Marc David Turetzky. The staff report was noted and further explained by City Administrator Baksa. Motion was made by Councilman Bracco, seconded by Councilman Arellano and carried (Councilman Valiquette absent) to accept the resignation with regrets and approve filling this vacancy in the upcoming recruitment. Santa Clara Valley Water District Agreement with Santa Clara Valley Water District and County of Santa Clara to enter into a Provisionally Accredited Levee (PAL) Agreement and expenditure approval. The staff report was noted and further explained by City Administrator Baksa. Motion was made by Councilman Bracco, seconded by Councilman Arellano and carried (Councilman Valiquette absent) to approve the agreement with Santa Clara 8680 Valley Water District and County of Santa Clara to enter into a Provisionally Accredited Levee (PAL) Agreement and expenditure approval. City Administrator's Report PERS Prepayment Program. City Administrator Baksa reviewed the PERS Prepayment Program. He also provided additional materials for the July 20th and July 30th meetings. Council Members Report Councilman Arellano spoke on agendizing an item on downtown architectural requirements. He then shared information from an email he had received regarding the need for an animal shelter. He then spoke on traffic signing issues. Councilman Velasco spoke on Joint City Council and School District meetings and asked if the Mayor would be updating the Council on the Mayor's task force. City Administrator Baksa explained that the meetings would take place again in September. *Meeting will be televised on Channel 17 JUL Y 2007 16 Closed Session - 5 :30 p.m., Gilroy City Council Chambers 16* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 20 Mini-Policy Summit - 8:00 a.m., Police Department Community Room 24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) 30 Study Session - Westfield/Regional Serving Land Use Designation, Sidewalk Ordinance, Impact Fee Reimbursement Policy & Downtown Fee Waiver Incentive Program Changes - 6:00 p.m., Gilroy City Council Chambers AUGUST 2007 6* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) 20* Regular City Council Meeting - (CANCELLED) 28 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) 29 California High Speed Rail EIR Discussion - 4:00 p.m., Gilroy City Council Chambers SEPTEMBER 2007 5 Workshop - Council Visioning - 6:00 p.m., Gilroy City Council Chambers 1 0 Youth Commission Interviews - 6:00 p.m., Gilroy City Council Chambers 10* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 11 SCR W A Meeting - 7 :30 a.m., 1500 Southside Drive, Gilroy 17 Study Session - Barking Dog Ordinance - 6:00 p.m., Gilroy City Council Chambers 17* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 24 Study Session - Project Updates - 6:00 p.m., Gilroy City Council Chambers 25 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy OCTOBER 2007 1 * Regular City Council Meeting - 7 :00 p.m., Gilroy City Council Chambers 9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 15* Regqlar City COllncil Meeting -7:00 p.m., Gilroy City CQuncil Ch~bers 23 SCRW A Meeting - 7:30 fun., 1500 S01.ltl1side Drive, Gilroy 26 Mim Policy Summit - 8:00 a.m., location to be determined Adjournment At 9:22 p.m. the Mayor adjourned the meetin~ 10 te meeting.:!gust 6; 2007. ~//~o CJJ /)/?{AC7 J#{1 /~ ~WNA FREELS, CMC City C)erk i !