Minutes 2008/02/25
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City of Gilroy
City Council Minutes
Monday, February 25, 2008
I. OPENING
A. Call to Order at 7:00 p.m.
Mayor Pinheiro led the Pledge of Allegiance
The Invocation was given by Reverend Milton Mattos of Bethany Church of God.
City Clerk Freels reported that the Agenda had been posted on February 20,2008 at
4:20 p.m. and the revised agenda posted on February 21, 2008 at 2:00 p.m.
Roll Call
Present:
Council Member Peter Arellano, Council Member Dion Bracco, Council Member Bob
Dillon, Council Member Craig Gartman, Council Member Cat Tucker, Council Member
Perry Woodward, Mayor AI Pinheiro
B. Orders of the Day
Mayor Pinheiro asked that the following Closed Session Item be added to the agenda:
Closed Session
Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8
Property: Gilroy Gardens, 3050 & 3090 Hecker Pass Highway
Property Negotiator: Cindy Murphy
Negotiating Parties: City of Gilroy and Gilroy Gardens Family Theme Park
City Attorney Callon explained that the Council could add the item to the agenda if there
was an immediate need to review the matter and if the item came up after the agenda
had been posted. She explained that an email of the additional agenda item had gone
out, but the public had not been properly noticed. She then explained that if the
determination that both issues had occurred, then it would take a 2/3 vote of the
Council to add the item.
Council Member Woodward asked why the item needed to be added as an emergency.
City Attorney Callon explained that a attorney client privileged memo had gone out to
Council earlier in the day and stated that the City was in the middle of the due diligence
process on the purchase of Gilroy Gardens and there were issues that arose that would
need to be dealt with before they continued.
Council Member Woodward asked if the information would affect the closing of the
purchase.
City Attorney Callon agreed.
Motion to add Closed Session Item
Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8
Property: Gilroy Gardens, 3050 & 3090 Hecker Pass Highway
Property Negotiator: Cindy Murphy
Negotiating Parties: City of Gilroy and Gilroy Gardens Family Theme Park
Motion was made by Council Member Dillon, seconded by Council Member Woodward
and carried to add the additional Closed Session item to the agenda.
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C. Introductions
Tinamarie Becerra, Human Resource Technician was not present.
Yollie Young, Police Records Technician I was introduced by Acting Police Chief
Smithee.
D. Presentations & Proclamations
Mayor Pinheiro announced that the City was a Recipient of a Resolution of Appreciation
from Santa Clara Valley Water District for Earning the Environmental Protection
Agency's 2007Water Efficiency Leader Award
Mayor Pinheiro announced a Proclamation Declaring March 10, 2008 through March
14,2008 as "Science Fair Week"
Mayor Pinheiro announced a Proclamation Declaring March 2008 as "March for Meals"
Month and announced that the Mayor Pro Tern Dillon would be participating in the
event.
II. PRESENTATIONS
There were no public comments.
III. CONSENT CALENDAR
Council Member Dillon asked why the expenses for the election were $61,000 but the
budget amendment was only for $4,000.
City Clerk Freels explained that the City had already done a transfer for a portion of the
elections expense.
Council Member Bracco asked to pull Item 111.0.
Council Member Gartman asked what the total cost for the election was.
City Clerk Freels stated that it had been $195,000.
Council Member Tucker asked if she could learn more about the budget
amendment/transfer form.
Mayor Pinheiro s.uggested she get together with Cindy in the Finance Department to go
over the form.
Motion on Consent Items A, B & C.
Motion was made by Council Member Dillon, seconded by Council Member Tucker and
carried to approve the items.
A. Minutes of January 22, 2008 Regular Meeting
B. Recommendation to Approve Budget Transfers/Amendments
C. Notice of Acceptance of Completion, Property Improvement Agreement No: 2006-
09, Tract 9594 - Mesa Ridge (Miller Road and Thomas Road), APN 810-28-001,
Dividend Homes, Inc. - Mesa Ridge 2004, Inc.
Council Member Bracco asked if the Council was being asked to deny the claim, Item
111.0. because of the discolored concrete issue.
City Attorney Callon explained that the Council had a memo on the issue explaining that
it was a construction defect issue. She then suggested that if the Council wanted to
discuss the merit of the issues, the Council should go into closed session as it was a
pre litigation item.
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Council Member Woodward stated that after reading the memo, he was satisfied
enough to deny the claim.
Motion to Continue item 11I.0. to March 3, 2008
Motion was made by Council Member Bracco, seconded by Council Member Arellano
and carried to continue the Claim of Golden Bay Construction, Inc. to March 3, 2008
IV. BIDS AND PROPOSALS - None
V. PUBLIC HEARINGS
A. Zone Change Request from Public Facility to R3-PUD (Medium Density Planned
Unit Development), Tentative Map Request to Create 72 Residential lots on
Approximately 9.97 acres, and Architectural & Site Review Request for 72
Residential Units located at 8450 Wren Avenue (Old Las Animas School Site) APN
799-03-54 & 55, Gilroy Unified School District, c/o Steve Brinkman, Applicant. Z 07-
01 B/AS 07 -32fTM 07-08. (Request to Continue to March 17, 2008)
Motion on Item V. A.
Motion was made by Council Member Gartman, seconded by Council Member Tucker
and carried to continue AS 07 -32/TM 07-08 to March 17, 2008.
B. Tentative map Request to Convert 104 Apartment Dwelling Units into 104
Condominium Units on Property Zoned R3, located at 766 first Street (Mission Park
Apartments) APN 808-13-001 & 007, Vasona Redwoods Inc., c/o Terry Maas. TM
07 -03. [Continued from February 22, 2008 Regular Meeting (Request by Applicant
to Continue to March 17, 2008)]
Motion on Item V.B.
Motion was made by Council Member Gartman, seconded by Council Member Tucker
and carried to continue TM 07-03 to March 17,2008.
C. Zone Change Request from R1 (Single Family Residential) to R1-PUD (Single
Family Residential- Planned Unit Development) and Architectural and Site Approval
to Construct 2 Homes at 736 Gage Court, APN 808-47-009, Randy Kirk Applicant, Z
07 -02/AS-PUD 07-42.
Mayor Pinheiro shared the photos which had been provided attached to a letter of
public comment.
The staff report was presented by Planner II Mcintyre.
Council Member Arellano asked if the Planning Commission discussed condition #6,
landscape plan.
Planner II Mcintyre explained that they hadn't specifically discussed the condition
explaining that she would be reviewing the landscape plan from the applicant.
Public comment was opened.
Mr. Randy Kirk, the applicant shared his communications with the neighboring residents
and shared the energy efficiency of the project.
Mayor Pinheiro asked if Mr. Kirk had spoken with Maria Santos.
Mr. Kirk stated that he had spoken with the residents at 774 & 784 Wysteria.
Planner II Mcintyre explained that the Planning Commission had suggested that the
applicant speak with the residents at the two addresses.
Mayor Pinheiro asked if Staff had seen the letter that had been provided to Council.
Planner II Mcintyre stated that she had not.
Mayor Pinheiro explained that the Council had just received the letter from Mrs. Santos.
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He then asked Mr. Kirk how the conversation had gone with the Santos family.
Mr. Kirk explained that it had been a positive conversation and he had explained the
details of the project as designed. He then shared previous communications with the
Santos family.
Council Member Dillon asked when Mr. Kirk had spoken with Mrs. Santos.
Mr. Kirk stated that it had been 2 weeks.
Council Member Tucker asked if there was ever a plan to build a park at the site.
Mr. Kirk stated that there was not explaining that there was an existing park in the area.
He explained that he had purchased the first phase tentative map and there had not
been a park planned in the original map.
Public comment was closed.
Mayor Pinheiro asked what amenities were being added to determine the project for a
PUD.
Planner II Mcintyre explained that the HOA was an amenity of 1 point and the solar
efficiency and the extra parking added points.
Mayor Pinheiro shared his concerns with PUD's explaining that it was an excuse to
divide land up.
Council Member Arellano spoke on the PUD process explaining that the applicant didn't
need to join the HOA, add the finishing to the concrete or use solar but had chosen to
and hadn't chosen to build a huge home on the site. He stated that only one neighbor
had voiced a concern but the concern of abutting the homes was not going to happen.
Mr. Kirk explained that there was 12 feet of bike path that would continue as buffer
alongside the site.
Motion on Item V.C. Z 07-02
Motion was made by Council Member Dillon, seconded by Council Member Tucker and
carried to direct staff to prepare the ordinance approving Z 07-02.
Motion on Item V.C. AS-PUD 07-42
Motion was made by Council Member Dillon, seconded by Council Member Woodward
and carried to direct staff to prepare a resolution approving AS-PUD 07-42
D. Tentative Map Request for Two Commercial Units and Sixteen Upper Floor
Residential Units with Common Garage Space located at 7711 Monterey Street
(Northwest corner of Monterey and Third Street) S & P Properties c/o Michael
Parsons Applicant, APN 799-03-54 & 55. TM 07-05
The Staff report was presented by Planning Manager Faus.
Council Member Arellano asked if there would be parking for the residents.
Planning Manager Faus explained that there were 15 shared parking spaces for the
residents and businesses.
Council Member Arellano asked if it would be under ground parking.
Planning Manager Faus explained that the parking was surface I~v~l with the building at
the forward part of the lot, which was consistent with the small PrQ~~~l,~emption.
The Public Hearing was opened.
There being no public comments, the Public Hearing was closed.
Motion on Item V. D.
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Motion was made by Council Member Dillon and seconded by Council Member
Woodward to direct staff to prepare a resolution approving TM 07-05.
Council Member Arellano spoke on the shortage of parking downtown and the need for
1 designated parking space per unit for each of the people living there with signing for
residents only. He then asked if a friendly amendment could be made to require a sign
be posted for the resident parking only after 5:00 p.m.
Council Member Tucker asked Staff for clarification on the parking issue.
There was a discussion of the ability to have more than one motion on the floor.
Planning Division Manager Faus spoke on the costs for units with parking and spoke on
the hopes of a limited number of vehicles owned by residents.
Council Member Gartman asked if the parking spaces were standard.
Planning Division Manager Faus stated that they would be the standard spots.
Council Member Gartman asked if compact vehicle spaces could be designed on the
site.
Planning Division Manager Faus stated that he would need to research it, but the
Council could give the direction to do so.
Mayor Pinheiro asked if the Council would be reviewing the Architectural and Site Plan.
Planning Diyision Manager Faus stated that it had received all of the required approvals
and the map would allow the applicant to convey the property by individual units.
Council Member Arellano asked if public parking could take place in the lot after the
businesses were closed.
Planning Division Manager Faus explained that the applicant could put up a sign based
on what he felt was best for his residents.
City Attorney Callon suggested the Council amend the current motion on the floor.
Council Member Arellano stated that he had just wanted to discuss the issue.
Continued Motion on Item V. D.
The motion carried to direct staff to prepare a resolution approving TM 07-05.
E. Tentative Map Request for a Fourteen Parcel Industrial Subdivision located between
Forest Street and Murray Avenue (South of Kishimura Street) APN 835-01-059, Forest
Street Industrial Subdivision/Desmond Melia, c/o V. Sulic. TM 07-10
The Staff report was presented by Planning Division Manager Faus.
Council Member Woodward asked if the single access scenario would be a cul-de-sac
exiting onto Forrest Street.
Planning Division Manager Faus agreed.
Council Member Woodward asked how it might impact the operation of the businesses
in the area.
Planning Division Manager Faus stated that it would be expected that they would
access from the end of the cul-de-sac.
Council Member Woodward asked if it would cause a burden to the businesses.
Planning Division Manager Faus stated that he would expect that HOPE would be
provided access.
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Council Member Bracco asked why the traffic study would need to take place on
Forrest Street as it was a wider street.
Planning Division Manager Faus stated that Forrest Street was not wider as Murray was
a general plan collector and would be wider.
Council Member Arellano asked why the traffic study would need to be triggered if there
was only one opening.
Planning Division Manager Faus explained that it was assumed with the general plan
analysis that those properties would have access to both streets.
Council Member Arellano suggested that maps would have been beneficial and
explained that the deliveries would be taken on Forrest Street instead of Murray.
Engineer Brice explained that the cul-de-sac would put more truck traffic on the one
street on Forrest, which would put a larger impact and the study would need to be done
to see all of the impacts.
Council Member Arellano stated that the side street parking wouldn't be needed as they
were all businesses explaining that the parking was necessary.
Engineer Brice explained that the parking was not the concern, it was the amount of
flow off of Forrest.
Council Member Arellano asked that a photo be provided for Council.
Mayor Pinheiro explained that the General Plan was not project specific, explaining that
the Council had voiced concern with the impacts on the residents in the area and future
development. He then spoke on a previous submittal, asking when the residents were
going to be listened to. He suggested that the Council could ask for the study for the
cul-de-sac and he would be in support of the study.
Council Member Woodward spoke on holding off for a specific plan but had looked at
the map of the project and the applicant's property was being used for the docks. He
then spoke in favor of approving the project.
Council Member's Tucker, Bracco and Arellano disclosed having had ex-parte
communications with the applicant.
The Public Hearing was opened.
Lee Weider, representing the applicant, spoke on the business owned by the applicant
sharing his collaborations with HOPE and discussions with neighbors in the area. He
spoke on the zoning of the property and the consistency of the project with the City
General Plan and subdivision map act and the agreement with the conditions as
proposed with the exception of the no vehicle access to Murray Avenue. He then
explained that the applicant would want to participate in a study of the area.
Mr. Gladimire Solich, project Engineer spoke on the structure of the site and
surrounding zoning areas. He spoke on staff recommendations and work on the
tentative map and work with the HOPE Services to improve their operations. He spoke
in opposition to the cul-de-sac issue explaining that it would not help with safer and
better access of the trucks traveling to HOPE. He spoke on traffic counts stating that
there were 4000 trips per day on Murray Avenue with a capacity for 16000 per day
speaking on the types of vehicles traveling on the street and additional trips per day
from the project.
Thomas Muniz a resident in the area spoke on the positive efforts of the project team
with working with the residents in the area. He spoke in opposition to the height of some
of the building and suggested that the traffic impact be studied. He then asked the
Council to commit to enhancing the neighborhood and spoke on the no access to
Murray to create a landscape burm.
Mayor Pinheiro asked Mr. Muniz if he was open to the street entrance onto Murray.
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Mr. Muniz stated that he believed the traffic study was needed to determine if a through
street or cul-de-sac was best.
Mayor Pinheiro asked if Mr. Muniz still wanted no access to Murray from the project
site.
Mr. Muniz stated that it would be the ideal scenario.
Council Member Woodward asked Mr. Muniz if he had objections to the opening onto
Murray.
Mr. Muniz stated that he wanted the study to take place before the project was
developed.
Mark Sanchez stated that he had sold the property to the owner and he had worked
with HOPE in negotiations explaining that they had been receptiYe to the new street
going in and had plans to change their loading dock based on the new street location.
Gladimire Solich explained that an arborist report was being developed and explained
that additional trees were planned for the area at the residents request along with heavy
landscaping.
Sally Armendariz stated that she believed the cul-de-sac would be better for the area
explaining that a study did need to take place.
Thomas Muniz stated that he was most concerned about the street striping and the
traffic study.
The Public Hearing was closed.
Mayor Pinheiro stated that he did not want to stop the project and believed if the cul-de-
sac was put in before the study; it could be opened up if the study determined that the
cul-de-sac was not necessary. He then spoke on the overlay of the area vs. a full
specific plan for the area.
Council Member Woodward stated that he didn't believe it was practical to build a cul-
de-sac and then punch through it after the study. He then spoke in support with
approving the project as it was planned.
Council Member Bracco spoke in opposition of approving the project if it impacted the
residents with additional traffic stating that 16000 trips per day was not suitable for a
neighborhood. He then asked if the HOPE was approyed to bring in 70 foot trucks to
their loading docks.
Planning Division Manager Faus stated that he was not sure what arrangements had
been made during the original approval but he had gone out to the site and had seen
that the area was being used for truck traffic on a frequent basis.
Council Member Bracco asked if HOPE would have paid the proper impact fees to have
such large trucks traveling down the street.
Planning Diyision Manager Faus stated that he did not know if HOPE was the original
tenant of the structure when it was approved.
Council Member Arellano stated that the traffic design in the area had been determined
a long time before, but it could be changed by the Council if they so chose. He then
spoke in favor of the project but believed a cul-de-sac might cause the ability to put an
additional building in the area.
Council Member Woodward spoke in support of the project as it was proposed.
Council Member Gartman asked if staff had looked at the street as a cul-de-sac.
Planning Manager Faus stated that he did not know.
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Engineer Brice explained that originally the site did have a cul-de-sac proposed but fire
had asked that it be designed as a through street.
Mayor Pinheiro explained that he had met with the traffic engineer the previous week
and he had suggested a cul-de-sac could be done if a study was done. Mayor Pinheiro
then suggested that the Council look at the cul-de-sac asking how long it would take for
the applicant to do the traffic study.
Planning Manager Faus stated that it would take 30-45 days.
Mayor Pinheiro explained that it would not hold up the project long and the Council
could make a more informed decision if they had the study performed.
Council Member Woodward stated that the applicant had gone through a lengthy
process already. He then explained that the general plan had designated the light
industrial for the area and he didn't see why the Council could not make a decision.
Mayor Pinheiro stated that he was ready to make a decision to get the applicant to do
the traffic study to help the Council make a final decision. He then explained that he did
not want to continue to put off the study with each new project proposed.
Motion on Item V.E.
Motion was made by Mayor Pinheiro, seconded by Council Member Arellano to send
the project back to staff and ask the applicant to do the study and bring it back to the
Council for a decision.
Council Member Woodward stated that it would make more sense if the fire concerns
were brought forward prior to requesting the traffic study.
Motion on Item V.E.
Motion was made by Council Member Woodward, seconded by Council Member
Gartman to have fire provide the Council with the concerns with the cul-de-sac.
Council Member Arellano stated that he wanted to look for the information to make the
final decision explaining that the Planning Commission and staff work was not final as
the Council decision was. He the stated that there were many areas in the City with cul-
de-sac's explaining that there were 6 other streets in the area with cul-de-sacs and
explained that he wanted to make the best project for the residents in the area.
Council Member Tucker stated that the quality of life issues were of highest importance
and explained that she was fully aware of the zoning as light industrial. She then agreed
that more information provided would help the Council make a better decision on the
project.
Council Member Woodward suggested that fire come to the next meeting to share the
cul-de-sac issue prior to the traffic study.
Council Member Tucker stated that there must be a way to condition the project
contingent upon the information being provided.
Mayor Pinheiro stated that there were many cul-de-sac's throughout the community and
there must be a reason.
Council Member Woodward stated that light industrial would raise more issues for a fire
department.
Mayor Pinheiro agreed with Council Member Woodward stating that he would like to
take a vote on the second motion and ask fire to come before the Council to share their
concerns with the cul-de-sac and if the issue was not of concern then they could make
a decision on the need for the study.
Continued Motion on Item V.E.
The motion carried with a 6-1 vote (Council Member Dillon voting no)
Lee Weider asked if the project would be continued to the next meeting the following
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Monday and asked how the scope of work would be determined.
Mayor Pinheiro explained that fire would be coming before the Council to share their
concerns with the turning radius and the Council would discuss the possibility of a traffic
study.
City Attorney Callon spoke on the permit streamlining act explaining that the
environmental impact on a neighborhood would not cause the streamlining act to apply.
Mr. Weider asked if the findings could be part of the report.
City Attorney Callon explained that the new issue of the traffic impacts could cause a
change to the staff report.
The Council took a break.
The Council re-convened the meeting
VI. UNFINISHED BUSINESS
A. Architectural and Site Review approval to construct a Walgreens store (14,469
square feet) and other retail building (6,105 square feet) east of Blockbuster Video
at the corner of Wren Avenue and First Street at 770 and 776 First Street, APN 808-
12-011. Glen Lorna Group/Craig Filice. AS 07-34. (Continued from January 22,
2008 Meeting)
The Staff report was presented by Planning Manager Faus.
Public comment was opened.
Betty of the Oaks Commons Home Owners Association shared the positive interactions
with Mr. Filice and the agreement with the decision to place in the fixed gate and key
locked pedestrian entrance and exit.
Craig Filice, the applicant spoke on the wall on the property explaining that the wall laid
inside the private property of the residences explaining that they would assist with the
upkeep of the wall.
Council Member Arellano spoke on the issue of parking at the site explaining that
parking at the rear of various sites similar to the proposed project was common. He
then asked why the parking couldn't be at the rear and the shops buildings moved
closer to the street.
Mr. Filice stated that it had been researched, but there was a visibility concern of the
Walgreens site and there would be an issue of multiple tenants in the other shops and it
would be a bit difficult.
Motion on Item VI.A.
Motion was made by Council Member Dillon, seconded by Council Member Tucker to
direct staff to prepare a resolution approving AS 07-34
Mayor Pinheiro thanked Mr. Filice for working with the adjacent property owners with
their concerns with the project.
B. Provide Direction to Staff on Establishing City Emails for Board and
Commission Members (Non Planning Commission)
Community Development Director Rooney explained that the Council had given
direction at the January Policy Summit to provide email addresses for all board and
commission members after approving the request for email addresses for Planning
Commissioners. She explained that there was an additional cost for the spam filtering
of each 100 email accounts of $1600 per year and with the addition of 75 more email
addresses for all board and committee's, the City would incur this additional annual
cost.
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Motion on Item VI. B.
Motion was made by Council Member Dillon, seconded by Council Member Arellano
and carried to provide City email addresses only to the Planning Commissioners.
VII. INTRODUCTION OF NEW BUSINESS
A. Acquisition of Cimino Property for Downtown Parking between 7470 Eigleberry
Street and Gourmet Alley, APN 799-07-074
Council Member Woodward recused himself explaining that he owned real property
within 500 feet of the property site. He then left the Council Chambers.
The Staff report was presented by Engineer Bill Headley.
Council Member Arellano asked if an evaluation of the property had been done.
Engineer Headley stated that staff had not done a title search yet and was waiting for
direction to proceed.
Council Member Arellano stated that normally the Council received an appraised value
with property purchases.
Engineer Headley explained that normally the appraised value was provided for
property purchases, but the parcels were purchased recently and the site was very
small and the expense of the appraisal would be approximately $3000 and the total
price for the site was $12,000.
Mayor Pinheiro explained that the site was approximately 600 feet and the property
owner had reduced the price from $15,000 to $12,000 due to the size of the lot. He
then explained that the small piece was all that was left in the area.
Engineer Headley suggested that Council could request the market value search but
staff believed that there had been enough acquisition activity in the area that the value
search would not be necessary.
Council Member Arellano stated that he believed the evaluation should take place.
City Attorney Callon explained that the property in the area could be verified through a
real estate broker.
Mayor Pinheiro explained that the City had 3 other properties in the area and the small
piece was worth quite a bit to the City. He then shared the missed purchase of another
organization and stating that there were two other property examples of recent
purchases in the area.
Council Member Arellano stated that he just wanted to ask the question.
Motion on Item VII. A.
Motion was made by Council Member Dillon, seconded by Council Member Tucker and
carried (Council Member Arellano voting no and Council Member Woodward absent) to
direct Staff to acquire the property for public parking.
B. Resolution prohibiting parking along the south side of Hecker Pass Highway from
Santa Teresa boulevard to approximately 545 feet west of Santa Teresa Boulevard.
The Staff report was presented by Engineer Brice
Council Member Bracco asked if the red curb was the answer on most of First Street
stating that he didn't think it was a good idea and the trucks would find another place to
park and would cause another problem.
Mayor Pinheiro asked if there was a safety concern.
Engineer Brice stated that there was a safety concern with the residents sight visibility.
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Council Member Woodward asked if there had been any analysis of where the trucks
would park if prohibited from the proposed location.
Engineer Brice stated that staff had not analyzed it.
Mayor Pinheiro stated that there were other locations to park such as the truck stop.
Council Member Woodward asked if it was legal for the trucks to park in the area.
Council Member Bracco explained that it was a truck route. He then explained that he
had been out to the site and didn't find it difficult.
Council Member Woodward asked where the trucks would go if prohibited from the
area.
Council Member Bracco explained that the truck owners lived in the area and would
park on the other side.
Mayor Pinheiro asked if it was legal to park there.
Engineer Brice stated that he did not know.
Council Member Arellano asked if it was a safety issue.
Engineer Brice stated that it was a safety issue as the residents could not see getting
out of their driveway.
Council Member Woodward stated that he would like to see more analysis.
Council Member Tucker agreed asking if there were liability concerns.
Engineer Brice stated that it would have to be okayed by the State as it was a State
highway.
Council Member Tucker stated that she didn't have a problem with putting the signs up
as she didn't think the trucks should be parking there, but she supported having more
analysis done.
Motion on Item
Motion was made by Council Member Woodward, seconded by Council Member
Tucker and carried to have the Traffic Engineer at the March 3rd meeting to answer
questions and to provide the legal parking locations in the area.
Council Member Bracco asked that staff provide a better quality photo of the site
location.
Mayor Pinheiro asked staff to provide quality photos similar to the previous staff
materials provided.
C. Cost Share Agreement with Santa Clara Valley Water District and Santa Clara
County in the amount of $252,000 for Recertification of Uvas Creek Levee
The Staff report was presented by Engineer Brice.
Mayor Pinheiro explained the unfunded requirement by the Federal Government and
explained that the Army Core of Engineers and FEMA did not agree on the standards.
Council Member Dillon asked what would happen if the certification was not done.
Engineer Brice explained that the flood plain would go back to before the levy was built
and would affect 1385 parcels that would need to be required to have flood insurance.
Motion on Item VII.C.
Motion was made by Council Member Dillon, seconded by Council Member Woodward
and carried to Approve Cost Share Agreement in the amount of $252,000 for
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Recertification of the Uvas Creek Levee
There were no Interim City Administrator reports.
There were no City Attorney reports.
X. REPORTS OF COUNCIL MEMBERS
Council Member Tucker announced that she had gone to the Housing Trust Fund open
house stating that the City had been applauded for participation in the program.
XI. MAYOR'S REPORT
Mayor Pinheiro shared the VT A proposal for rotation of a South County seat shared by
Morgan Hill and Gilroy. He then spoke on the LAFCO item for San Martin, Sister Cities
board application opening and joint meeting of the South County Regional Wastewater
Authority and the South Valley Water Board.
The Council adjourned to Closed Session.
XII. CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Clerk
PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: City Administrator
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: Gilroy Gardens, 3050 & 3090 Hecker Pass Highway
Property Negotiator: Cindy Murphy
Negotiating Parties: City of Gilroy and Gilroy Gardens Family Theme Park
There were no closed session announcements
ADJOURNMENT TO THE MEETING OF MARCH 3, 2008
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City Council Minutes
2-25-08
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