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Minutes 2007/08/06 8681 Regular Meeting August 06, 2007 Gilroy, California Mayor Pinheiro called the meeting to order at 5:32 p.m. Mayor Pinheiro led the pledge of allegiance to the flag. Father Joe McClain of Saint Mary's Catholic Church gave the invocation. City Clerk Freels stated that the agenda had been posted on August 1 st, 2007 at 4:00 p.m. and the revised agenda had been posted on August 3rd, 2007 at 12:00 p.m. Roll Call Present: AI Pinheiro, Dion Bracco, Craig Gartman, Russ Valiquette, Roland Velasco. Absent: Peter Arellano, Paul Correa Orders of the Day City Council confirmation of early meeting start of 5:30 p.m., on August 6, 2007 as required by Gilroy City Code Section 2.13 Motion was made by Councilmember Bracco, seconded by Councilmember Valiquette and carried (Council Members Arellano and Correa absent) to confirm the early meeting start time of 5:30 p.m. It was noted that Item III.M., a Resolution for the approval of a tentative map extension for project TM 01-06, Schaal Subdivision, had been added as the revised agenda item. It was noted that the public hearing on weed abatement could not be heard prior to 7:00 p.m. do to the noticing of the public hearing. Introductions Information Technology Director, David Chulick introduced John Diego, the City's new Web Developer in the Administrative Services Department. Cindy Murphy, Co-Finance Director, introduced Yvonne Munoz, Accounting Assistant I in the Finance Department. Presentations & Proclamations Carol Peters presented the City Council with a painting she had made of Roberta Hughan, the fIrst female Mayor of the City of Gilroy, and asked that it be added to the City's art collection. Proclamations to the Gilroy High School Girl's Cross Country Team Members and Coaches as the 2006-2007 State Academic Team Champions. Mayor Pinheiro presented proclamations to the members of the cross country team: Megan Litle, Kristina Schmidt, Christine Bobula, Anne Donahoe, Kathleen Miller, Paty Hernandez and Brandie Rodriguez and their coaches, Art and Cathy Silva. Team of the Month Award to the Downtown Opening Ceremony Team members; Steve Ashford, Art Barron, Jackie Bretschneider, Larry Cope, Steve Gearing, Susan Andrade-Wax, Todd Barreras, Charlie Krueger, Arlynn Bumanglag, Don Dey, Chris Orr, Joe Hernandez, Joe Barrientez, Jim Trujillo, Tom Gotterba, Junior Salinas, Kelsey Ashford, Lupe Perez, John Greer, Jose Muniz, Jane Howard, Larry Mikartz, Cathy Mirelez, Dave Peoples, Manny Reyes, Connie Rogers, Carla Ruigh, Susan Starrit- Jacobsen, Susan Valenta, Nancy Wright and Al Pinheiro. Mayor Pinheiro presented proclamations to the members of the Downtown Opening Ceremony Team. Volunteer of the Month A ward for May 2007 to Anthony Kachakj. 8682 The presentation of the award for Volunteer of the Month of May for Anthony Kachakj was moved to the September 17, 2007 meeting as he was not present. Volunteers of the Month Award for June 2007 to Connie Rogers and Arline Silva. Mayor Pinheiro presented the volunteer of the month awards for June 2007 to Connie Rogers and Arline Silva. Presentations by members of the public There were no public presentations on items not on the agenda. Consent Calendar Council Member Valiquette asked to pull item III. A. from the consent calendar as he was not present at the July 16,2007 meeting and could not vote on the item. Council Member Velasco asked to pull item III.M. from the consent agenda. Motion was made by Council Member Bracco, seconded by Council Member Valiquette and carried (Council Members Arellano and Correa absent) to approve consent items. Notice of Acceptance of Completion, Property Improvement Agreement 2004-08, Tract No. 9559, Rancho Hills Deer Park Phase II, APN 783-20-035, 038 and 041, Arcadia Development. Notice of Acceptance of Completion, Property Improvement Agreement 2004-13, Tract No. 9595, Wren Avenue, Third Street and Wren Avenue Signal Improvements, APN No. 808-08-011, 808-12-011, 808-12-026, 027 and 028, Wren Commons, Thomas Road Properties and Castlewood Commercial Properties. Declare the surplus of vehicles and equipment and authorize the surplus be sold at auction or disposed of. Notice of Acceptance of Completion, Property Improvement Agreement No. 2005- 12, Tract No. 9473, Country Estates Phase III, APN 783-47-004, 783-46-010, Gilroy Country Oaks Estates, LLC, A California Limited Liability Company. Notice of Acceptance of Completion, Property Improvement Agreement No. 2005- 14, Tract No. 9653, Masoni Orchard, APN 810-23-002 and 810-23-003, Uagas Creek Investors, LLC. Notice of Acceptance of Completion, Property Improvement Agreement No. 2005- 17, Tract No. 9701, Creekside at Eagle Ridge, APN 810-20-016, Eagle Ridge Development Company, LLC. Denied claim of Armando Renteria. Property Improvement Agreement No. 2007-03, Schaal Property, Parcel Map, APN 783-21-061, Theodore Otto Schaal, Co-Trustee, Glen Loma Corporation. Approval of the acquisition of Camino Arroyo right of way and reimbursement to South County Ventures. Recommendation to Approve Budget Amendment/Transfers. Notice of Acceptance of Completion, Santa Teresa Boulevard Widening Project, Project No. 04-CDD-128, Granite Construction. Motion was made by Council Member Bracco, seconded by Council Member Velasco and carried (Council Members Arellano and Correa absent and Council Member Valiquette abstaining) to approve item III. A. Minutes of July16, 2007 Regular City Council Meeting. 8683 A Resolution of the City Council of the City of Gilroy for the Approval for a Tentative Map Extension for an approximately 10.6 Acre site into 11 hillside residential lots located on the west side of Rancho Hills Drive at the terminus of Valley Oaks Court. APN 783-21-061. TM 01-06 Schaal Subdivision. Council Member Velasco asked if the City would see more tentative map extensions due to the market conditions. He asked it the City should be looking at modifying the ordinance on extensions as allocations would continue to be received by developers who could possibly be warehousing them for the future when the market was better. City Administrator Baksa stated that the City would probably be seeing more extensions. He then asked Planner II Durkin if the 3 year extension was consistent with the subdivision map act. Planner II Durkin stated that it was consistent with the subdivision map act, which was a state law. City Attorney Callon explained that the City did not have to grant the extensions as they came through. Motion was made by Council Member Velasco, seconded by Council Member Valiquette and carried (Council Members Arellano and Correa absent) to adopt Resolution 2007-67. A Resolution of the City Council of the City of Gilroy for the Approval for a Tentative Map Extension for an approximately 10.6 Acre site into 11 hillside residential lots located on the west side of Rancho Hills Drive at eh terminus of Valley Oaks Court. APN 783-21-061. TM 01-06 Schaal Subdivision. Mayor Pinheiro stated that he had received an email from Council Member Correa explaining that he was delayed in Arizona and could not attend the meeting. He then stated that Council Member Arellano was at continuing education medical school. Sewer Main Recommendation to award the bid for Professional Engineering Service for Condition Assessment of Large Diameter Sanitary Sewer Collection System, City Project No. 07- RFQ-CDD-303, to Blair, Church & Flynn. City Administrator Baksa presented the item. Motion was made by Council Member Valiquette, seconded by Council Member Bracco and carried (Council Members Arellano and Correa absent) to approve the bid. Sewer Main Recommendation to award the bid for the 2007 Sewer Rehabilitation Project, Hanna- Rosanna and Santa Teresa-Filice, City Project No. 08-CDD-137, to Fermin Sierra Construction in the amount of $397,700. Council Member Gartman recused himself explaining that his primary residence was in close proximity of the project. He then left the Council Chambers. City Administrator Baksa presented the item. Motion was made by Council Member Bracco, seconded by Council Member Valiquette and carried (Council Members Arellano, Correa and Gartman absent) to approve the bid. Weed Abatement Public Hearing on Report and Assessments for Weeds and Refuse Abatement. Mayor Pinheiro explained that the public hearing could not take place until 7:00 p.m. due to the noticing of the item. Mayor Pinheiro explained that the item would need to be heard after 7:00 p.m. due to noticing reasons. 8684 Zoning Ordinance An Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning Ordinance Section 41, Performance Standards, to incorporate noise standards consistent with the requirements of the General Plan, Z 06-05. (hearing held on June 4,2007, affirmative vote of 6-1 Councilmember Gartman voting no) City Administrator Baksa presented the item. Motion was made by Council Member Velasco, seconded by Council Member Bracco and carried (Council Members Arellano and Correa absent and Council Member Gartman voting no) to adopt Ordinance 2007-15. Gilroy Gardens Council Member Valiquette recused himself explaining that he was employed by Gilroy Gardens. He then left the Chambers. The staff report was presented by Assistant City Administrator Jatczak. There were no public comments. Motion was made by Council Member Velasco, seconded by Council Member Bracco and carried (Council Members Arellano, Correa and Valiquette absent) to approve the term sheet for the acquisition of Gilroy Gardens and direct staff to begin the due diligence process and commence negotiations. Employee Pay Plan Resolution of the City Council of the City of Gilroy establishing the July 1, 2007 salary for Exempt/Management personnel. Council Member Velasco recused himself stating that he had a fmancial conflict of interest as his wife was an employee of the City. He then left the chambers. The staff report was presented by City Administrator Baksa. Motion was made by Council Member Bracco, seconded by Council Member Valiquette and carried (Council Members Arellano, Correa and Velasco absent) to adopt Resolution 2007-64 establishing the July 1,2007 salary for Exempt/Management personnel. Ordinance Codification An Ordinance of the City Council of the City of Gilroy providing for the maintenance and repair of sidewalks and the liability of adjacent property owners by adding a new Article XI entitled "Maintenance and Repair of Pubic Sidewalks"; adding a new article XII "Construction of Public Improvements" to Chapter 20 of the Gilroy City Code; and by deleting Article X, Section 20.117. The staff report was presented by Senior Civil Engineer Dey. Mr. Marcus Beverly of the Association of Bay Area Governments explained the ordinance in detail sharing the risk management benefits of adopting it. Council Member Gartman asked if the responsibility for trip and fall lawsuits would be shifted from the City to the property owner. Mr. Beverly explained that the responsibility would be shared between the property owner and the City. Council Member Velasco asked how the city assumed all liability under state law. Mr. Beverly explained that the law was silent on the issue but case law had interpreted through the courts that cities were liable. Council Member Velasco asked how the City had found itself as liable. 8685 City Attorney Callon explained that the state law was passed in 1945 which shifted the maintenance liability to the adjacent property owner, but the accident liability was not shifted. She then shared the City of San Jose's approach at crafting legislation which would cause the sharing of damages. She continued to explain the courts ruling in upholding the shift of responsibility established in the City of San Jose. Council Member Velasco asked if the City had always accepted the responsibility. City Administrator Baksa explained the past process the City had followed in the continuing maintenance of the sidewalks. He then explained that the 50/50 program had been established to share the responsibility, but no discussion had taken place where the City had accepted full responsibility. Council Member Velasco then spoke on City mandated trees asking if the City would take responsible for any damages to the sidewalks caused by those tree roots. Mr. Beverly spoke on the conditions of approval which required the planting of trees, explaining that the City did not own the trees merely because they were a condition. He went on to explain that once the City began trimming the trees, they would have a duty to continue to do so. City Attorney Callon explained that there had been language in the ordinance requiring the adjacent land owner to share the responsibility to maintain the trees and landscaping. She explained that the language was removed because of concerns expressed by Council Members. Mr. Beverly stated that his recommendation would be to separate the two issues as two separate ordinances. City Administrator Baksa asked how the practice would be reversed if the City had been maintaining the trees. Mr. Beverly suggested that the City work with the property owners to bring the trees up to a certain standard, using an arborist, and then pass the responsibility on to the property owner. Mayor Pinheiro spoke on the language "assumes" and "accepts" in reference to the City's responsibility explaining that the City was addressing the issues as they came forward, but the City was not automatically assuming any liability for damages. Mr. Beverly agreed. Mayor Pinheiro then went on to explain that the ordinance would put insurance companies on notice that the City had taken a stance on the issue of liability. Mr. Beverly agreed. Senior Civil Engineer Dey continued to present the staff report. Mayor Pinheiro asked if the issue of gaps in the sidewalk could be addressed in the ordinance at the time of sale of the property. Council Member Gartman shared the section of the ordinance which addressed repair at time of sale. He then asked if language to distinguish between sidewalk repair and improvement could be included throughout the ordinance. Senior Civil Engineer Dey explained that the ordinance was separated into two sections, one specific for gap closure and one for the maintenance of sidewalks. Mayor Pinheiro asked that it be well defined in both sections. Council Member Gartman asked if the requirement for sidewalk repair was dropped from the $10,000 or more on home improvements section of the ordinance. 8686 City Attorney Callon shared the language in an earlier section as stated by Council Member Gartman. Senior Civil Engineer Dey stated that he had missed the section. The Council agreed to add the definition in all areas of the ordinance. Council Member Valiquette asked if the 1/2 " benchmark should be included in the ordinance. City Administrator Baksa stated that it was a City standard that wasn't something that would be included in ordinance format. Public comment was opened. Tom Howard asked why cement was the only medium the city used for sidewalks and suggested that other materials be used such as gravel or rubber. He then spoke on the $10,000 trigger explaining that is wouldn't take much for a home improvement at that low of a cost to require the sidewalk repair. Senior Civil Engineer Dey explained that for reasons such as pedestrian traffic, weather conditions, transportation circulation and for ADA compliance, cement was the best type of material to use. He then explained that other types of materials were being investigated in the City and went on to share the benefits of the 50/50 program. Public comment was closed. Council Member Gartman spoke on the City sidewalk fund explaining that sidewalks needed to be fixed City-wide. He then stated that shifting the responsibility to the public was a disservice and he would not support the item. Mayor Pinheiro explained that at the meeting of the Association of Bay Area Governments, Cities were encouraged to protect themselves as much as possible. He explained that the City needed to continue to find ways to fix the sidewalks with programs such as the 50/50 program and that the City had increased the funding for sidewalk repair 300%. Council Member Bracco stated that the City was on the right track explaining that the ordinance spelled out that the sidewalk was the property owners' responsibility. Mayor Pinheiro explained that 3 years previous the sidewalk issue had been addressed and a task force had been created of citizens, planning commission members and staff to provide the recommendations for the ordinance. Council Member Valiquette stated that it was a civic responsibility of the property owner to help to maintain the sidewalks explaining that the 50/50 program was a good compromise. He then stated that overall it was best for the City as a whole. Council Member Velasco stated that the Council had given the sidewalk issue high priority and had taken actions such as using general fund money to make needed repairs and creating the citizens task force to bring back suggestions to the Council. He concluded by explaining that the 50/50 program would continue and the ordinance was in the public's best interest at the current time and for the future. Motion was made by Council Member Velasco to read the ordinance by title only and waive further reading of the ordinance. The motion was seconded by Council Member Bracco and carried (Council Members Arellano and Correa absent) City Clerk Freels stated that the Mayor had read the ordinance by title at the introduction of the item. Motion was made by Council Member Velasco, seconded by Council M~mber Bracco and carried (Council Members Arellano and Correa absent and Council Member Gartman voting no) to introduce an Ordinance of the City Council of the City of Gilroy providing for the maintenance and repair of sidewalks and the liability of adjacent 8687 property owners by adding a new Article XI entitled "Maintenance and Repair of Pubic Sidewalks"; adding a new article XII titled "Construction of Public Improvements" to Chapter 20 of the Gilroy City Code; and by deleting Article X, Section 20.117. Ordinance Codification An Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Section 7.4.1, Modifying the Boundaries of the zero fee area (as defined by exhibit "A") and providing that certain fees and costs charged to development projects in the zero fee area are eliminated until December 31, 2008. The staff report was presented by Community Development Director Rooney. City Administrator Baksa spoke on the surety bond section in the ordinance asking what staff was recommending going forward without the surety section. Community Development Director Rooney stated that staff had not discussed any other changes. Mayor Pinheiro asked if the Council could vote on the item without the surety section. City Attorney Callon stated that the City had always required a bond or surety explaining that the requirement for a developer to enter into an agreement with the City could be made in the ordinance, which would grant the City the ability to put a lien on the property. Mayor Pinheiro asked if the City required a surety with other incentive projects. Community Development Director Rooney stated that there were no surety requirements in the downtown incentive program, but the other economic incentive programs had required surety. City Administrator Baksa spoke on the end date of the zero fee, asking if staff had addressed any punitive recourse if the impact fees were waived at the project onset, but the work never completed. He explained that with other impact fees, if the project lapsed, the fee waiver was lost. City Attorney Callon spoke on the issue explaining that the City had been increasing the value of the property by offering the incentive but was getting nothing in return if the property was sold. Mayor Pinheiro explained that the City was providing an asset which was being used as part of the sale of the property. Community Development Director Rooney stated that the 2 year Architectural and Site approval could be tied into the zero fee waiver, explaining that the application would then expire. She then stated that the ordinance would need to have amendments made to it to do so. City Attorney Callon suggested that the item come back to the Council for introduction if the amendments were made. Public Comment was opened. Gary Walton spoke on his discussions with a local lender on the issue of surety explaining that it would be difficult to finance and the property would cost more to develop then it would be worth at the end of the project. Public comment was closed. The Council Members agreed to have the item come back at the next meeting with the suggested changes. Community Development Director Rooney explained that the construction would not have an end date, but would have a time-line. 8688 Motion was made by Council Member Velasco, seconded by Council Member Valiquette and carried (Council Members Arellano and Correa absent) to continue the item to the September 17th meeting. Gilroy Museum The staff report was presented by City Administrator Baksa. Motion was made by Council Member Gartman, seconded by Council Member Valiquette and carried (Council Members Arellano and Correa absent) to approve the agreement with the Gilroy Historical Society for the Gilroy Museum Endowment Trust Fund. Weed Abatement Public Hearing on Report and Assessments for Weeds and Refuse Abatement The staff report was presented by City Administrator Baksa. The Pubic Hearing was opened. There being no comment, the public hearing was closed. Motion was made by Council Member Velasco, seconded by Council Member Bracco and carried (Council Members Arellano and Correa absent) to adopt Resolution 2007-63 a Resolution confirming the report of the Fire Chief, setting forth the description of property owners thereof, and the cost of abating the nuisance caused by the growing weeds and accumulation of refuse in the City of Gilroy, and providing that such costs shall constitute assessments against the respective owners of land. City Parks Forest Street Park Master Plan The staff report was presented by City Administrator Baksa and Community Services Director Andrade-Wax. Motion was made by Council Member Bracco, seconded by Council Member Valiquette and carried (Council Members Arellano and Correa absent) to adopt the Forest Street Park Master Plan, Option 4. Purchasing Policies/Agreements Resolution Amending the City of Gilroy's Purchasing Policy. The staff report was presented by City Administrator Baksa. Mayor Pinheiro asked if other types of non-profit organizations had been looked at. City Attorney Callon explained that the only requirements were that donations would need to be made in the City's best interest. Mayor Pinheiro suggested that other non-profits be looked at that benefited the local community. Council Member Velasco stated that some of the other non-profit organizations could be based in other communities. Mayor Pinheiro stated that the 501 C 3 organizations were limited. Motion was made by Council Member Gartman, seconded by Council Member Valiquette and carried (Council Members Arellano and Correa absent) to adopt Resolution 2007-65 amending Section IV, Procedure No.2 of the City of Gilroy's purchasing policy to allow the donation of surplus city property to non-profit organizations. Council Member Velasco asked City Administrator Baksa to bring the item back in I year to look at expanding out the non-profit organizations. 8689 Commissions/Boards Resignation of Toni Ferreira from the Personnel Commission. Motion was made by Council Member Valiquette, seconded by Council Member Bracco and carried (Council Members Arellano and Correa absent) to accept the resignation with regrets and recommend the vacancy be filled in the upcoming recruitment. Akshar LLC Architectural & Site Plan Review for eight (8) residential condominiums in a three- story mixed use building, as Downtown Specific Plan Exemption units. Request for the demolition of two (2) URM buildings in the Downtown Historic District, located at 7517 and 7525 Monterey Street. Akshar LLC, c/o Jeffrey King, DSPE 07-01lA/S 07-18 The staff report was presented by Community Development Director Rooney. Motion was made by Council Member Valiquette, seconded by Council Member Bracco and carried (Council Members Arellano and Correa absent) to direct staff to prepare a resolution approving DSPE 07-0/lA/S 07-18. McAlpine RV Sales Architectural & Site-Planned Unit Development review to construct a recreational vehicle sales office and display area on a property zoned CM-PUD (commercial industrial planned unit development), located at 5990 Travel Park Circle, Lance McAlpine, c/o Jeffrey King. A/S PUD 06-52. The staff report was presented by Community Development Director Rooney. Council Member Bracco asked if there was an existing modular building on the site. Community Development Director Rooney explained that it was a parcel next to the modular site. Motion was made by Council Member Velasco, seconded by Council Member Valiquette and carried (Council Members Arellano and Correa absent) to direct staff to prepare a resolution approving A/S PUD 06-52 Speed Limits Resolution establishing prima facie speed limits on city streets pursuant to Section 15.11 and 15.12 of the City of Gilroy City Code. The staff report was presented by Senior Civil Engineer Dey. Council Member Bracco asked why the speed limits changed in different sections of the same street. Senior Civil Engineer Dey explained that the streets were evaluated for safety considerations and the limits set with considerations for hills and other issues. Council Member Valiquette spoke on the tickets issued in the city asking if many were questioned in the courts. Senior Civil Engineer Dey explained that the document before the Council was what prohibited the City from being challenged in the courts. Council Member Velasco asked why some sections of a street were increased and other portions decreased. Senior Civil Engineer Dey explained that from an engineering standpoint, consistency on the particular street was needed. Motion was made by Council Member Bracco, seconded by Council Member Valiquette and carried (Council Members Arellano and Correa absent) to adopt Resolution 2007-66 establishing prima facie speed limits on city streets pursuant to Section 15.11 and 15.12 of the City code. 8690 City Administrator's Report City Council Adoption of City Council policy summit action issues. Mayor Pinheiro asked if the Council had agreed to vote as a new Council to change the election to even years. City Administrator Baksa explained that the Council had agreed to put the change to even year elections on the November 2008 ballot. Council Member Velasco suggested that the new Council could choose to place the item on any of the three elections in 2008. He then stated that the Council had tentatively agreed to the five year term, but he would entertain more discussion on the item. Mayor Pinheiro asked that the new Council decide. City Administrator Baksa suggested that the item be placed on the January policy summit agenda for the new Council. Council Member Gartman agreed. Motion was made by Council Member Bracco, seconded by Council Member Gartman and carried (Council Members Arellano and Correa absent) to adopt the policy summit action issues. Council Members Report Council Member Gartman congratulated Mayor Pinheiro on his daughters' upcoming wedding. Mayor's Report Mayor Pinheiro suggested that the September 5th visioning meeting be moved to the October 26th policy summit date as several of the Council would be at the annual League of California Cities meeting. The Council unanimously agreed. Mayor Pinheiro reminded everyone that the Council would not meet again until the September 10, 2007 regular meeting. Adjournment The Mayor adjourned the meeting to the meeting of September 10, t007. V ,. / . ,. ,.,~=-, ,.) --~~~~!~------------- SHA WNA FREELS-:tMC City Clerk