Minutes 2008/03/17
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City of Gilroy
City Council Minutes
Monday. March 17. 2008
SPECIAL MEETING/CLOSED SESSION - 5:30 P.M.
CONFERENCE WITH LEGAL COUNSEL-- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 549.9(b(1) &
(b)(3)(C):
Claims of Family of Brayan Trejo v. City of Gilroy; ABAG Claim #GL058269*
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Pursuant to Government Code Sections 54656.9 (b) (1) and (b) (3) (C); re: Claim of
Emma Ivey v. City of Gilroy, Tort Damages Claim
PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: City Administrator
REGULAR MEETING
I. OPENING
Call to Order at 7:00 p.m.
Mayor Pinheiro led the Pledge of Allegiance.
The Invocation was given by Pastor Tim Howe of the First Baptist Church.
Closed Session Announcement
Mayor Pinheiro announced that the Council had reached a settlement for the Claims of
Family of Brayan Trejo v. City of Gilroy; ABAG Claim #GL058269 explaining that a
press release would be sent out.
He then stated that the Council by unanimous vote had rejected the claim of Emma Ivey
v. City of Gilroy, Tort Damages Claim.
City Clerk Freels reported that the agenda had been posted on March 12,2008 at 10:00
a.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 and Mayor AI Pinheiro
B. Orders of the Day
There were no changes to the agenda.
C. Introductions of New Employees
Acting Police Chief Smithee introduced Sergio Avila, Community Services Officer.
IT Director Chulick introduced Steve Baty, Public Safety Systems Administrator.
D. Presentations & Proclamations
Mayor Pinheiro presented the Volunteer of the Month Awards for February 2008 to Fire
Department Support Unit Crew Members: Andrew Cross, Mercedes Bradley, Nate
Barmore, Daniel Fortino, Mark Guajardo, Mario Razo and Eric Ortega.
Mayor Pinheiro presented the Volunteer of the Month Award for March 2008 to Eugene
Elliot of the Wipe out Watch Anti-Graffiti Program.
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II. PRESENTATIONS
A. BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA, BUT
WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL.
Margaret Garza spoke on issues she was experiencing in her neighborhood and asked
that the City help her remedy them.
Mayor Pinheiro explained to Ms. Garza that the police department would be notified of
her concerns and would be in contact with her.
Alvaro Ramirez of Homeowner Rescue Alliance spoke on the upcoming Foreclosure
Prevention workshops to be held in the City.
III. CONSENT CALENDAR
A. Minutes of February 25, 2008 Regular Meeting
B. Recommendation to Approve Budget Transfers/Amendments
C. Adoption of Resolution 2008-08 Declaring Certain Weeds Growing in the City of
Gilroy to be a Public Nuisance, Describing Weeds Which Constitute such Nuisance
and Providing Notice of the Adoption of the Resolution by Publication Thereof
D. Notice of Acceptance of Completion, Rossi/Murray/Forest Pavement Rehabilitation
Project No. 07 -CDD-130, The Don Chapin Company
E. Claim of Francisco Sanchez (Interim City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute the denial of claims)
F. Claim of Don Chapin Company (Interim City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute the denial of claims)
G. Approval of Merit Salary Increase for City Clerk Shawna Freels
H. Recommendation to Open Recruitment for one (1) open Seat on the
Physically Challenged Board of Appeals to Expire December 31,2011
I. Adoption of Resolution 2008-09 Approving AS-PUD 07-42, an Application for
Architectural and Site Approval of a Planned Unit Development to Construct 2
Single-Family Residential Units, on Approximately .28 Acres Located at 736 Gage
Court, APN 808-47-009, Randy Kirk Applicant, (Public Hearing held 2/25/08)
Motion on the Consent Agenda
Motion was made by Council Member Bracco, seconded by Council Member Woodward
and carried to approve the consent agenda.
IV. BIDS AND PROPOSALS
A. Acceptance of Bid for the Camino Arroyo Bridge Project, Phase II to HSR General in
the amount of $4,877,862.00.
The Staff report was presented by Traffic Engineer Dey.
Mayor Pinheiro asked if the lights were a continuation of the Sixth Street lights.
Engineer Dey stated that they were up to Camino Arroyo where it changed to the City
standard lights.
Council Member Dillon asked what the grant amount was.
Engineer Dey stated that it was $6.725 million.
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Council Member Gartman spoke on the bus stop turn outs and the right away issues
explaining that the bus stop was on the opposite side.
Engineer Dey stated that the bus stop was a right turn lane, explaining that the process
for the Camino Arroyo North project would be when the bus stop would be moved.
Council Member Gartman asked who the property owner was.
Engineer Dey stated that his name was Wiggins and he lived in Europe.
Council Member Arellano asked if the intersection was going to be blocked off.
Engineer Dey stated that it would be blocked off explaining that he didn't want to
jeopardize the grant application with a lot of change so it had been packaged to be
consistent with the grant but eventually the intersection would be cleaned up with the
next phase.
Council Member Arellano asked if there was a sidewalk on the north end.
Engineer Dey stated that there would be sidewalks all the way on both sides.
Motion on Item IV.A.
Motion was made by Council Member Dillon, seconded by Council Member Tucker and
carried to approve the bid.
V. PUBLIC HEARINGS
A. 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 25, 2008 Regular Meeting (Request to Continue to
April 7, 2008)]
Motion on Item V.A.
Motion as made by Council Member Dillon, seconded by Council Member Bracco and
carried to continue TM 07-03 to April 7, 2008.
VI. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City of Gilroy approving
application Z 07-02 for a change in zoning designation from A 1 (Agricultural) to R-1
PUD (Low Density Residential) on approximately .28 acres located on Gage court
near the NE corner of Santa Teresa and Thomas Road, APN 808-47-009.
[Introduced March 3,2008 with a 6-0-1 vote (Council Member Tucker absent)]
The Staff report was presented by Interim City Administrator Jatczak.
Council Member Tucker abstained from voting on the item as she had not been present
during the introduction of the ordinance.
Motion on Item VI.A.
Motion was made by Council Member Dillon, seconded by Council Member Woodward
and carried with a 6-0-0-1 vote (Council Member Tucker abstaining) to adopt Ordinance
2008-04 of the City Council of the City of Gilroy approving application Z 07-02 for a
change in zoning designation from A 1 (Agricultural) to R-1 PUD (Low Density
Residential) on approximately .28 acres located on Gage court near the NE corner of
Santa Teresa and Thomas Road, APN 808-47-009.
VII. INTRODUCTION OF NEW BUSINESS
There were no new business items.
VIII. INTERIM CITY ADMINISTRATOR'S REPORTS
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There was no report.
IX. CITY ATTORNEY'S REPORTS
There was no report.
X. REPORTS OF COUNCIL MEMBERS
Council Member Bracco announced that the Gilroy Gardens park had opened and was
offering discounts to Gilroy residents.
Council Member Dillon wished everyone a happy Saint Patrick's Day.
XI. MAYOR'S REPORT
Mayor Pinheiro asked the Council to form a Sub-Committee to Evaluate the salary for
the Interim City Administrator.
Council Members Woodward and Bracco and Mayor Pinheiro agreed to join the
committee.
Motion was made by Council Member Bracco, seconded by Council Member Arellano
and carried to appoint the members to the subcommittee.
Mayor Pinheiro spoke on the meeting with Congresswoman Anna Caballero and shared
AB 2379. He then spoke on information he had provided to Council from LAFCO for the
incorporation of San Martin and shared the proposed changes with the VT A South
County representation.
Council Member Woodward spoke on the discussions on the VT A Policy Board
regarding the proposed changes.
Council Member Tucker asked when the prioritization study session would take place.
Mayor Pinheiro stated that it would be held the second meeting in April.
The Council adjourned to closed session at 7:39 p.m.
XII. CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: Old City Hall, 7400 Monterey Street
Agency Negotiators: Anna Jatczak, Christina Turner, Cindy Murphy
Other party to negotiations: Chips and Salsa, Inc.
Under Negotiation: Lease Assignment, Lease Terms, Renegotiation: Price and Terms
of Payment
The Council adjourned the meeting at 8:15 p.m. with no closed session/announcement.
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