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Minutes 2008/04/21 8828 City of Gilroy City Council Minutes Monda~ApriI21,2008 I. OPENING Mayor Pinheiro called the meeting to order at 7:00 p.m. Mayor Pinheiro led the Pledge of Allegiance. City Clerk Freels reported that the agenda had been posted on April 16, 2008 at 9:00 a.m. Roll Call Present: Council Member Peter Arellano, Council Member Bob Dillon, Council Member Craig Gartman, Council Member Cat Tucker, Council Member Perry Woodward and Mayor AI Pinheiro. Absent: Council Member Dion Bracco B. Orders of the Day There were no changes to the agenda. C. Introductions New Employees; Hipolito Olmos, Code Enforcement Officer, Valarie Santistevan, Accounting Assistant 1 and Lisa Gabrielsen, Engineering Technician/Inspector 1, were introduced. D. Presentations & Proclamations The Youth Commission Members: Danny Manroe, Rachel ,Rachel Tenney, Heather , Stephanie Castillo, Rachel , Wai Lan , Joel Gray, Shawnie ,Connie and Jasmine gave their annual presentation to the City Council. Mayor Pinheiro presented the Volunteers of the Month Award for April 2008 to South Valley Fleurs Garden Club Members. Mayor Pinheiro presented a proclamation designating May 5th through May 11th, 2008 as Building Safety Week. Mayor Pinheiro presented a proclamation naming April 2008 as Volunteer Month. Lisa Jensema and Leslie Wilcox of Environmental Programs presented awards to the "Keep Gilroy Clean & Green" volunteers: Gilroy High School, South Valley Community Church, Daisy Troop 1120, Daisy Troop 171, Anchor Point Christian School, AI Gagliardi, the Switzer Family, Eric VonForsmeyer and Family, Alfred Lujan and Family, Joan Spencer, Brownell Middle School Associated Student Body, South Valley Middle School Community Services Club, Rebecca's Children's School, Gilroy Girl Scout Service Unit 4, Cub Scout Pack 794. Joan Spencer, an "Adopt a Spot" volunteer, spoke on the program. ft. PRESENTATIONS A. BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA Julie of South Valley Disposal and Recycling presented the Business Recycler of the year award to Express Media Graphics and the Residential Recycler of the year award to the Miller Family. Chris Cote spoke on the housing trust fund suggesting that the City look at releasing the restrictions on the fund to allow innovative developers to continue to develop with a 8829 public private partnership. Sally Armendariz spoke on the recent outreach done for the residents in the Murray Avenue area and asked that the Council consider conducting a comprehensive traffic study. Mayor Pinheiro stated that the item Mrs. Armendariz was speaking on was on the evening's agenda. The City Attorney stated that the item was on the agenda, but the speaker could speak on the item if she chose to. Mrs. Armendariz stated that she would wait to speak until the agenda item was under consideration. III. CONSENT CALENDAR A. Approval of the Minutes of April 7, 2008 Regular Meeting B. Open the recruitment of two (2) seats open seats on the Housing Advisory Committee, terms ending June 30, 2010 C. Recommendation to Approve Budget Transfers/Amendments D. Claim of Oscar Trejo (Interim City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of claims) E. Adoption of a Resolution Setting the Annual Fireworks Service Fee for Impacts on the City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to the City Code, Chapter 10A F. Adoption of a Resolution Approving the Tentative Map Request to Subdivide a Three (3) Acre Parcel into 86,770 Square Feet Industrial Storage Lots and one Common area Lot of 64,462 Square Feet located at 6805 Silacci Way, APN 841-70-024, TM 07-09, PSC Development LLC (c/o Todd Zema) G. Adoption of a Resolution in Opposition to Proposition 98 H. Adoption of a Resolution in Support of AB 346 I. Appointment of Sherrean Carr to the Physically Challenged Board of Appeals, Term Expiring December 31, 2011 Motion on the Consent Agenda Motion was made by Council Member Gartman, seconded by Council Member Tucker and carried (Council Member Bracco absent) to approve the consent agenda. IV. BIDS AND PROPOSALS A. Approval of a Bid to R.A.N. Electric, Inc. for the Gilroy City Hall Generator Replacement, Project No. 08-ASD-153, in the amount of $179,900.00 The staff report was presented by Interim City Administrator Jatczak. Motion on Item IV.A. Motion was made by Council Member Dillon, seconded by Council Member Arellano and carried (Council Member Bracco absent) to approve the item. V. PUBLIC HEARINGS There were no public hearing items. 8830 VI. UNFINISHED BUSINESS A. A Resolution Approving a 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 Motion on Item VI.A. Motion was made by Council Member Dillon and seconded by Council Member Woodward. Public comment was opened. Sally Armendariz spoke on the need for a comprehensive traffic study of the area due to the increase of traffic with the development. She spoke on the traffic increase on to Forest Street and possible future enhancements to Buena Vista and stated that there was a need for the City Council to reassure the residents in the area with a traffic study. Thomas Muniz thanked the City for the outreach efforts for the residents in the area and then spoke on the need for a new traffic study because of all of the development. He then spoke on the roadway width for the project. Council Member Arellano spoke on continued requests by the residents of the area on the need for help with their traffic concerns. He explained that the residents did not want to stop the development, but rather wanted a safe residential environment. He spoke on widening Forest Street and suggested that the Council address the need for a traffic study before any other developments came forward. Mayor Pinheiro stated that the direction had been given that no traffic study would take place for the project. He thanked staff for conducting the outreach and spoke in opposition to approving the project without a traffic study. Council Member Tucker spoke on the need for a traffic study and explained that she did not believe burden of the study should be paid for by the one developer. Mayor Pinheiro stated that the Council could require that the applicant participate in a future traffic study. Council Member Arellano stated that the City could decide to pay for the traffic study. Continued Motion on Item VI.A. and carried (Council Members Arellano and Mayor Pinheiro voting no, and Council Member Bracco absent) to adopt Resolution 2008-16 Approving a 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 TM 07-10 B. A Resolution Approving 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. Motion on Item VI.B. Motion was made by Council Member Dillon, seconded by Council Member Woodward and carried (Council Member Bracco absent) to adopt Resolution 2008-17 approving a tentative map request to convert 104 apartment dwelling units into 104 condominium units on a property zoned R3, located at 766 First Street (Mission Park Apartments) APN 808-13-001 & 007, TM 07-03. C. A Resolution Approving the Architectural and Site Approval to Demolish an Existing 1-Story Unreinforced Masonry Building located at 7515 Monterey Street, North of Fifth Street intersection, APN 799-06-053, Richard Chavarria, AS 08-09 8831 Council Member Woodward recused himself from voting on the item due to ownership of property within the area and left the Council Chambers. Motion on Item VtC. Motion was made by Council Member Dillon, seconded by Council Member Gartman and carried (Council Members Bracco and Woodward absent) to adopt Resolution 2008-18 approving Architectural and Site Approval to demolish an existing 1-story unreinforced masonry building located at 7515 Monterey Street, North of Fifth Street intersection, APN 799-06-053, AS 08-09 Council Member Woodward returned to the dais. VII. INTRODUCTION OF NEW BUSINESS A. Report on Caltrans Hecker Pass Highway 152 Improvements and Authorization to Staff to Pursue the Sale of City Lands Needed for Highway Improvements The staff report was presented by Engineer Headley. Mayor Pinheiro asked what the band at the bottom of the rock wall was explaining that they had attempted to have it look as natural as possible. Francis Mensa, the Design Engineer from Caltrans explained that it was a safety feature that was used for retaining walls. Mayor Pinheiro asked if all of the retaining walls had the band. Mr. Mensa stated that they did. Mayor Pinheiro asked how other walls were designed with tapering to a flat curb asking if it was not used elsewhere. Mr. Mensa stated that it was dependant on the distance from the roadway and was not used on State highways. Council Member Woodward asked if there would be room for bicyclists. Mark Azini, Caltrans Design Engineer stated that it was a standard 10 foot shoulder explaining that the travel lanes would be 12 feet with an 8 foot shoulder. Council Member Woodward asked if it would be a marked bike lane. Mr. Azini stated that it would not be a bike lane explaining that marked bike lanes were considered designated bike routes. Mayor Pinheiro stated that it would be used as a bike lane as it was a popular route. Council Member Woodward asked if it would be safer for bicycles. Mr. Azini stated that it would be a safer bike route. Council Member Woodward shared his concerns about bicycle safety turning onto Burchill asking if a marked bike lane could be designed at the turn. Mr. Mensa stated that it would cause a false sense of safety explaining that the entire route would need to be designated as a class 3 bike route. Mayor Pinheiro and Council Member Arellano asked why it couldn't be designated. Mr. Mensa stated that it would need to be designated by statute. Council Member Arellano asked who would need to designate it. Mr. Mensa explained that the City would need to designate it. 8832 Mayor Pinheiro stated that the City would designate it and Caltrans could return with any reasons to not designate the route. Mr. Mensa explained that it wasn't currently designated as a bike route. Council Member Arellano explained that he had asked before for the bike lane and had been told there would be a bike lance but now only the widening was taking place. Mr. Mensa stated that a sign would be posted and paint markings as a bike lane. There was a conversation on the location of the bike lane. Council Member Woodward asked if the right turn to Burchill could be designated as the bike lane. Council Member Arellano suggested that the wall could protect the bicyclist and take the right hand turn on Burchill. Mr. Mensa explained that the wall was contiguous with the railing. Council Member Tucker asked if there was any impact to the trees. Mr. Mensa stated that there was no impact to the trees. Engineer Headley explained that it was a green highway sharing the shift of the highway to not compromise the trees. Council Member Arellano spoke on striping for a bicycle lane asking if the area could be striped. Mr. Mensa stated that the 8 foot shoulder would be striped for separation for the bicyclists. Mayor Pinheiro stated that the City would do it's part to make it a bicycle land and asked that the Caltrans staff bring the bicycle lane enhancements back to Caltrans for consideration. City Attorney Callon asked if the item would come back for action. Mayor Pinheiro stated that the Council would take action. Engineer Headley shared the bicycle master planning process. Mayor Pinheiro stated that staff could take care of it. He then asked Council to go forward with the action on the item. There were no public comments. Motion on Item VitA. Motion was made by Council Member Tucker, seconded by Council Member Arellano and carried (Council Member Bracco absent) to Authorize Staff to Proceed with the Sale of City Lands Needed for State Highway 152 Bridge and Lane Improvements and Authorization for Caltrans Right-of-Access B. Approval of the Downtown Pas eo Design Guidelines, M 07-04 The Staff report was presented by Planning Division Manager Faus. Consultant Lee Stienmetz presented the paseo guidelines. Council Member Arellano thanked Mr. Stienmetz and the committee that worked on the design guidelines. Council Member Woodward stated that the guidelines were well done. 8833 Council Member Tucker asked when the paseo guidelines would be used. Planning Division Manager Faus stated that it would be dependant on the project, but there were no mandates to implement designing a paseo in a downtown development. Mayor Pinheiro spoke on the width of paseo's asking if the building code would dictate the size. Planner Division Manager Faus stated that there were design standards due to ADA guidelines and explained that the ideal width would be determinate on what was to be achieved in the design. Mayor Pinheiro stated that other cities had paseo's of various sizes. Planning Division Manager Faus explained that it was a policy document and were to be used as guidelines and not all designs would be the same shape and form and those areas would need to be evaluated. Mayor Pinheiro spoke on the various paseo's in Europe. Planning Division Manager Faus explained that the Planning Commission had discussed the issue and had determined that there were some designs they would not like to see. Mr. Stienmetz stated that there were a number of design factors that building departments looked at explaining that the property line may determine the need for fire walls or not and levels of responsibilities between the two parcels. He then explained that they would be determined on a case-by-case basis. Council Member Arellano spoke on emergency medical call issues in paseo designs in other cities explaining that there could be issues with entry and exit. Mr. Stienmetz agreed and shared privately designed paseo's, which were staffed by security guards. Motion on Item VII.B. Motion was made by Woodward, seconded by Council Member Tucker and carried (Council Member Bracco absent) to Approve the Downtown Paseo Design Guidelines, M 07-04 C. Consideration of the Approval of a Affordable Housing Request to Allocate 35 Residential Units (32 Homes and 3 Apartments) Located at 6300 Monterey Road (South West Corner of Luchessa Road and Monterey Road), Luchessa Road, LLC c/o Michael McDermott, AHE 07-01 Planner II Mcintyre presented the staff report. Mayor Pinheiro asked if the applicant would acquire the propane site once the approval took place. Planner II Mcintyre stated that the applicant did hope to take over the property once he was nearing pulling his building permits. Mayor Pinheiro spoke on the provisions of the neighborhood district and shared his concern that the applicant could not acquire the site. He then asked for a mechanism to ensure that the project went forward. Council Member Gartman spoke on the additional steps that were coming along the way, such as the tentative map and the development agreement, which could be where the conditions could be placed on the applicant. Planner II Mcintyre explained that the condition could be placed at the time of the tentative map approval. City Attorney Callon stated that it would be difficult to place the conditions on the AHE 8834 due to enforcement issues, but a time limit could be placed on the tentative map. Mayor Pinheiro asked if the conditions could be placed at the time of the tentative map, Planner II stated that the conditions were typically good on an architectural and site approval for one year, suggesting that the conditions be placed on the tentative map as well. Council Member Woodward stated that he was concerned that the seller was asking more than the property was worth and if conditions were placed on the applicant, then it would be entrenched even more. Mayor Pinheiro stated that the plan as a neighborhood district was developed with different elements and spoke on finding an equal type piece of land elsewhere. He then asked when the master plan had come in. Planner II Mcintyre stated that it had been 2 years when the master plan had come in. Mayor Pinheiro stated that he was concerned that the area would not be negotiated prior to approval explaining that he was concerned that the corner lot would not be developed. Council Member Gartman stated that the business was commercial and would stay the same explaining that it should be cleaned up. Council Member Arellano asked if propane storage could take place near a neighborhood. Planner II Mcintyre stated that there were concerns with the location of the propane site. Council Member Arellano explained that there was concern with the safety and moving the business was of importance stating that the Council was concerned. Council Member Tucker stated that there was an area that had to be developed as commercial stating that she had friends that had lived across the street from the propane site for some years. She explained that if the negotiations didn't take place on the specific site, then the land would need to be re-configured. Council Member Woodward agreed with the concerns explaining that he did not want to make it more difficult for it to take place. Motion on Item VII.C. Motion was made by Council Member Woodward, seconded by Council Member Arellano to direct staff to draft a resolution approving AHE 07-01. Mayor Pinheiro asked for a friendly amendment using Council Member Tucker's example to designate another piece of land in the future for the commercial site explaining that was the reason for the neighborhood district. Council Member Woodward stated that he agreed that it needed to be resolved but he did not want to add the amendment to the motion. Continued Motion on Item VII.C. The motion carried (Mayor Pinheiro voting no and Council Member Bracco absent) to direct Staff to prepare a Resolution Approving AHE 07-01 VIII. INTERIM CITY ADMINISTRATOR'S REPORTS There were no reports. 8835 IX. CITY ATTORNEY'S REPORTS City Attorney Callon stated that the claim against the county had been filed to protect the City's interest for the overcharge in property tax. Council Member Woodward asked how many other cities had filed the claim. City Attorney Callon stated that she did not know. X. REPORTS OF COUNCIL MEMBERS Council Member Tucker asked that the Council Members present a report out of the various boards and committees they sat on as she did not want to be surprised by hearing information about changes that had taken place. She then stated that the SCC Recycling & Waste Reduction Commission had not held their meeting yet. XI. MAYOR'S REPORT Mayor Pinheiro stated that the VT A governance board changes were going well and there were only 2 out of the 15 cities that had had questions. Council Member Woodward stated that the VT A Policy Advisory Board had many changes and there had been controversy on the proposal. Mayor Pinheiro stated that the Mayor of Morgan Hill was the Board Member and he felt there was great support. Council Member Dillon suggested that Council Member Tucker be appointed to the Habitat Conservation Plan Committee. Council Member Tucker stated that she was willing to serve on the Committee but the item was not agendized for action. The Council then adjourned to closed session at 9:40 p.m. XII. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: Old City Hall, 7400 Monterey Street, Gilroy, CA. 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 ADJOURN to Open Session. There were no closed session announcements. ADJOURNMENT TO THE REGULAR MEETING OF MAY 5, 2008 /) / ! /