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Home My WebLink About01/22/2008 City Council - Public Agenda-1640 COUNCIL MAYOR Al Pinheiro AGENDA COUNCIL MEMBERS: Peter Arellano CITY OF GILROY Dion Bracco Council Chambers, City Hall Bob Dillon 7351 Rosanna Street Craig Gartman GILROY, CALIFORNIA 95020 Cat Tucker Perry Woodward Tuesday, January 22, 2008 SPECIAL MEETING/STUDY SESSION – 6:00 P.M. REGULAR MEETING – 7:00 P.M. AGENDA CLOSING TIME - 5:00 P.M. ON MONDAY PRIOR TO MEETING CITY COUNCIL PACKET MATERIALS – available at www.ci.gilroy.ca.us COMMENTS BY THE PUBLIC WILL BE TAKEN ON ANY AGENDA ITEM BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Persons wishing to address the Council are requested to complete a Speaker’s Card located on the speaker’s podium for the purpose of the record, and to state their name for the record. Public testimony is subject to reasonable regulations, including but not limited to time restrictions on particular issues and for each individual speaker. A minimum of 12 copies of materials for the Council should be provided. All matters listed under Consent Calendar are considered by City Council to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items unless a request is made by a member of the public, a Councilmember or Staff prior to the time the Council votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARING will be heard when the presiding officer calls for comments from those persons who are in support of or in opposition thereto. After persons have spoken, the hearing is closed and brought to Council level for discussion and action. There is no further comment permitted from the audience unless requested by Council. Religious leaders who wish to participate in the Invocation may contact the City Clerk. The City does not discriminate on the basis of religious belief. Sectarian prayers, however, are not allowed. In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (408) 846-0204. A sound enhancement system is available in the City Council Chambers. You may check out headsets which boost the public address signal during the meeting. Please ask for assistance at the City Clerk's desk PRIOR to the start of the meeting or during a break in the meeting. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Meeting Schedule: The City Council meets regularly on the first and third Monday of each month, at 7:00 p.m. If a holiday should fall on the regular meeting date, the meeting will be rescheduled to the following Monday. STUDY SESSION - 6:00 P.M. I.Downtown Parking Fees REGULAR MEETING – 7:00 P.M. I.OPENING A.Call to Order 1.Pledge of Allegiance 2.Invocation 3.City Clerk's Report on Posting the Agenda 4.Roll Call B.Orders of the Day C.Introductions 1.Introduction of Promoted Employees: a.Susan Voss, Recreation Coordinator, Community Services Department 2.Introduction of New Employees: a. Veronica Torrez, Recreation Coordinator, Community Services Department b.Gardenia Angeles, Recreation Coordinator, Community Services Department c.Charlie Krueger, Senior Civil Engineer, Community Development Department D.Presentations & Proclamations 1.Presentation from the Office of California State Senator Elaine Alquist 2.Presentation of 2007 City Purchase Award art piece to City Council 3.Presentation of Volunteer of the Month Award for December 2007 to Shirley Willard, Public Art Committee Member 4.Volunteer of the Month Award for January 2008 to Eric vonFerstmeyer of the Keep Gilroy Clean and Green Program 5.Presentation of Employee of the Month Award for December 2007 to Roy Shackel, Fire Captain II. PRESENTATIONS (Please limit your presentations to 3 minutes.) City Council Meeting Agenda1/22/2008 -3- A.BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL. (This portion of the meeting is reserved for persons desiring to address the Council on any matter not on this agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda. All statements that require a response will be referred to staff for reply in writing.) III. CONSENT CALENDAR. (Roll Call Vote) A. Approval of Minutes of December 3, 2007 and December 17, 2007 Regular City Council Meetings B.Recommendation to Approve Budget Adjustments/Amendments C.Proclamations for 2007 Chamber of Commerce Citizen and Business Award recipients: Gary Bowe, Sherri Stuart, Tanglewood Construction, Inc., Gilroy Medical Pharmacy, Clayton Steffensen and John Perales D.Adoption of a Zoning Ordinance Text Amendment to amend the Gilroy Zoning ordinance, Sections 48.23 and 48.25, amending the City’s non-conforming use policy to reduce the time limit from 1(one) year to 120 days that would allow a non- conforming use to be re-installed after the previous use was terminated. (Public Hearing to introduce 12/17/07 with an affirmative vote of 7-0) E.Resolution Approving a Tentative Map request to convert 6 (six) individual dwelling units on one parcel into 6 (six) residential lots, on property zoned R1 (Single Family Residential), located at 7581 Hanna Street, APN 799-19-038. Hanna Homes, c/o Shawn Sax. TM 07-06. (Public Hearing on 12/17/07 with an affirmative vote of 7-0) F.Adoption of an Ordinance of the City Council of the City of Gilroy Adopting the 2007 Edition of the California Fire Code, with Amendments, and amending Section 10.9 and Deleting Sections 10.11 – 10.16 of the Gilroy City Code. (Introduced 12/17/07 with an affirmative vote of 7-0) G.Adoption of an Ordinance of the City Council of the City of Gilroy Adopting the Following Codes: 2007 California Building (Vol. 1 and 2), Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire Codes, 2007 California Existing Building Code with Appendices A2 and A3 of 2006 International Existing Building Code, and 2006 International Property Maintenance Code, and 1997 Uniform Administrative Code; and Amending Section 6.1 of Chapter 6 of the Gilroy City Code. (Introduced 12/17/07 with an affirmative vote of 7-0) H.Approval of Transfer of Ownership of Youth Center Building on Sixth and Railroad Streets from Gilroy Gang Task Force to City of Gilroy City Council Meeting Agenda1/22/2008 -4- I.Notice of Acceptance of Completion, Property Improvement Agreement No: 2006- 10, Tract 9778 – Benassi Oaks Phase II, APN: 808-01-012, Old Orchard Company J.Notice of Acceptance of Completion, Property Improvement Agreement No. 2005- 23, Tract 9768 – Willow Brook Subdivision (Sydney Court & Miller Avenue) APN: 808-13-009 and 808-13-010, Neil Mussallem, NilesDevelopment, LLC, Robinson, et al. K.Appointment of Captain Scot Smithee as Acting Police Chief effective January 25, 2008 L.Notice of Acceptance of Completion, 2007 Sewer Rehabilitation Project Hanna- Rosanna and Santa Theresa-Filice Project No. 08-CDD-137 IV. BIDS AND PROPOSALS A.Approval of Bid for Gilroy City Hall Cooling Tower Replacement, Project No. 08- ASD-152, to Val’s Plumbing & Heating Inc. in the amount of &73, 529.00 B.Approval of Bid for Interior Recoating of Reservoirs A & B, Project No. 08-CDD- 150, to CB & I Constructors, Inc. in the amount of $970,985.00 C.Approval of Purchase of 10 Self Contained Breathing Apparatus from L.N. Curtis & Sons in the amount of $48,604.69 V. PUBLIC HEARINGS Public Hearings for related project applications will be heard concurrently and action will be taken individually. Companion projects under New Business will be taken up for action immediately following the related Public Hearing. A.Tentative Map approval to create 104 residential condominium units from an existing apartment complex at 766 First Street, west of Miller Avenue, APN 808-13-001 and 007, Mission Park Apartments, c/o Terry Maas. TM 07-03 1.Staff Report 2.Disclosure of Ex Parte Communications 3.Open Public Hearing 4.Close Public Hearing V. PUBLIC HEARINGS (CONTINUED) Possible Action: City Council Meeting Agenda1/22/2008 -5- 5.Motion to direct staff to prepare a resolution approving/modifying/denying TM 07-03 VI.UNFINISHED BUSINESS A Resolution Approving a Tentative Map request to sub-divide 26.75 acres into 16 industrial lots located on the North side of Las Animas, just east of Monterey Road and just west of Murray Avenue, APN 835-05-006. Desmond Melia applicant. TM 07-01, Las Animas Industrial Subdivision. (Public Hearing 12/17/07 with an affirmative vote of 6-1, Mayor Pinheiro voting no) (Roll Call Vote) 1. Staff Report. Possible Action: 2.Adoption of Resolution Approving TM 07-01 B. Gilroy Gardens Acquisition 1. Staff Report Possible Action: 2.Adoption of Resolution authorizing execution of (A) Purchase and Sale Agreement between City and Gilroy Gardens Family Theme Park, Inc. ("Gilroy Gardens") for purchase of Property; (B) Single Tenant Lease to lease back the Property to Gilroy Gardens for approximately two years; (C) Bond Purchase and Sale Agreement to purchase bonds from institutional investor; (D) Escrow Agreement for bond defeasance; (E) escrow instructions for closing the acquisition; and (F) other documents required to purchase and defease the bonds and to conclude the Acquisition (Roll Call Vote) [CEQA Compliance: Exemption under Guidelines Section 15301 (Existing Facilities)] (Roll Call Vote) 3. Approval of Update to Financing Plan previously adopted on December 17, 2007 (including approval of interfund loans) and Authorization to expend monies for the purchase price and costs and expenses necessary to carry out the transaction. This includes purchase of bonds from the institutional investor and possibly other bond holders, funding an escrow for the defeasance of any outstanding bonds, and paying professional, legal and consulting fees and all costs. Note: Copies of Purchase and Sale Agreement, Single Tenant Lease, Escrow Agreement, and Bond Purchase and Sale Agreement are attached. The resolution authorizes execution of these documents substantially conforming to those included in the agenda packet. VII.INTRODUCTION OF NEW BUSINESS A.Consideration of the City purchase and resale of one below market rate unit located in the Village Green Development City Council Meeting Agenda1/22/2008 -6- 1. Staff Report. Possible Action: 2.Approval of purchase and resale of below market rate unit B. Architectural and Site Review approval to demolish an existing two story unreinforced masonry building and reconstruct a new building of similar size on 0.06 acres at 7511 Monterey Street, north of Fifth Street intersection, APN 799-06- 054, Joseph & Dorothy Rizzuto c/o Steve Ashford. AS 07-46. 1.Staff Report 2.Disclosure of Ex Parte Communications Possible Action: 3.Motion to direct staff to prepare a resolution approving/modifying/denying AS 07-46 C.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 Loma Group/Craig Filice. AS 07-34 1.Staff Report 2.Disclosure of Ex Parte Communications Possible Action: 3. Motion to direct staff to prepare a resolution approving/modifying/denying AS 07-34 D.Acceptance of the Downtown Parking Management Plan 1. Staff Report Possible Action: 2.Motion to accept the Downtown Parking Management Plan VIII.INTERIM CITY ADMINISTRATOR'S REPORTS IX.CITY ATTORNEY'S REPORTS X. REPORTS OF COUNCIL MEMBERS City Council Meeting Agenda1/22/2008 -7- Council Member Arellano – ABAG, PAB County Expressway Advisory Board Council Member Bracco – Gilroy Gang Task Force, Gilroy Gardens Board, Historical Heritage Committee, Santa Clara Co. Library JPA, SCRWA, Street Naming Committee Council Member Dillon – Gilroy School District Accountability Task Force, SC Valley Water District Uvas/Llagas Committee, SCRWA Council Member Gartman – South County VTA Policy Advisory Board, Street Naming Committee Council Member Tucker – Gilroy Visitor’s Bureau, SCC Recycling & Waste Reduction Commission, VTA Committee for Transit Accessibility, IV Rep Council Member Woodward – SCC Emergency Preparedness Council, VTA Policy Advisory Committee XI. MAYOR'S REPORT Mayor Pinheiro - Economic Development Corporation Board, Gilroy Downtown Business Assoc. Board, Gilroy Sister Cities Association, LAFCO, SCC Cities Association Board, SCRWA, Street Naming Committee, VTA Board of Directors XII. MEETINGS/EVENTS *Meeting will be televised on Channel 17 JANUARY 2008 22 Study Session – Downtown Parking Management Plan – 6:00 p.m., City Council Chambers 22*Regular Meeting – 7:00 p.m., City Council Chambers 22 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy 26/27/28 City Council Policy Summit – 8:00 a.m.-6:00 p.m. (sat), 12:00-6:00 (sun), 8:00 a.m.- 5:00 p.m. (mon), Gilroy PD Community Room FEBRUARY 2008 1 Closed Session – Public Employment, City Administrator, 8:00 a.m. - 5:00 p.m., Hilton Garden Inn, 6070 Monterey Street, Gilroy 2 Closed Session – Public Employment, City Administrator, 9:00 a.m., City Council Chambers 4 Reception – 5:30 p.m., City Hall foyer, 7351 Rosanna Street 4 Closed Session, Employee Performance Evaluation, City Clerk, Closed Session – Public Employee Appointment, Police Chief – 6:00 p.m., City Council Chambers 4*Regular City Council Meeting - 7:00 p.m., City Council Chambers 11 Interviews East Gilroy Specific Plan Task Force – 6:00 p.m. City Council Chambers 12 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy City Council Meeting Agenda1/22/2008 -8- 20 Study Session – Performing Arts Center Feasibility Study - 6:00 p.m., City Council Chambers 25 Closed Session, Employee Performance Evaluation, City Clerk – 6:00 p.m., City Council Chambers 25*Regular City Council Meeting - 7:00 p.m., City Council Chambers 26 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy MARCH 2008 3*Regular City Council Meeting - 7:00 p.m., City Council Chambers 10 Joint City Council/Planning Commission Policy Summit and Project Updates, 6:00 p.m., City Council Chambers 11 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy 17*Regular City Council Meeting - 7:00 p.m., City Council Chambers 25 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy XIII.ADJOURNMENT TO THE MEETING OF FEBRUARY 4, 2008