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Home My WebLink About03/03/2008 City Council - Public Agenda-1634City Council Agenda Revised as to items in italics/underlining 3-3-08 COUNCIL MAYOR REVISED Al Pinheiro AGENDA COUNCIL MEMBERS: Peter Arellano CITY OF GILROY Dion Bracco City Council Chambers, City Hall Bob Dillon 7351 Rosanna Street Craig Gartman GILROY, CALIFORNIA 95020 Cat Tucker Perry Woodward Monday, March 3, 2008 SPECIAL MEETING/JOINT STUDY SESSION WITH PLANNING COMMISSION 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 are 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, but not required to complete a Speaker’s Card located at the entrances, and to provide it to the City Clerk prior to the discussion of the item. 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. 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, the meeting will be rescheduled to the following Monday. City Council Agenda Revised as to items in italics/underlining 3-3-08 JOINT CITY COUNCIL/PLANNING COMMISSION STUDY SESSION – 6:00 P.M. I.Inclusionary Housing Feasibility Study REGULAR MEETING 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 - None D.Presentations & Proclamations 1.Presentation of Employee of the Month Award for February 2008 to Pat Bentson II.PUBLIC COMMENT (Please limit your comments to 3 minutes.) 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. Minutes of February 4, 2008 Regular Meeting B Approval of Budget Amendments/Transfers C.Resolution Approving a 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 (Public Hearing held 2/25/08) City Council Meeting Agenda 3-3-08 Revised as to items in italics/underlining -3- III.CONSENT CALENDAR. (Continued) D.Resolution Approving the 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 (Public Hearing 1/22/08 and continued to meeting of 2/25/08) IV.BIDS AND PROPOSALS A.Approval of the renewal of a professional services agreement with Dr. Howard E. Michaels for the oversight of the City EMS program in the amount of $35,100 for a two-and-one-half year period V.PUBLIC HEARINGS - None 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. VI.UNFINISHED BUSINESS A. Introduction of an Ordinance for the Zone Change Request from A1 (Agriculture) to R1-PUD (Single Family Residential-Planned Unit Development) to construct 2 Homes at 736 Gage Court, APN 808-47-009, Randy Kirk Applicant, Z 07-02. (Public Hearing held 2/25/08) 1. Staff Report. Possible Action: 2.Motion to read ordinance by title only and waive further reading of the ordinance 3.Motion to introduce an Ordinance for the Zone Change Request from A1 (Agriculture) to R1-PUD (Single Family Residential-Planned Unit Development) to construct 2 Homes at 736 Gage Court, APN 808-47-009, Randy Kirk Applicant, Z 07-02 (Roll Call Vote) B. 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 [Public Hearing held 2/25/08 item continued to 3/3/08 with a 6-1 vote (Council Member Dillon voting no)] 1.Staff Report City Council Meeting Agenda 3-3-08 Revised as to items in italics/underlining -4- VI.UNFINISHED BUSINESS (Continued) Possible Action: 2. Motion to direct staff to prepare a resolution approving/modifying/denying TM 07-10 C.Resolution prohibiting parking along the south side of Hecker Pass Highway from Santa Teresa boulevard to approximately 545 feet west of Santa Teresa Boulevard (ROLL CALL VOTE) 1. Staff Report. Possible Action: 2. Motion to adopt a Resolution prohibiting parking along the south side of Hecker Pass Highway from Santa Teresa boulevard to approximately 545 feet west of Santa Teresa Boulevard VII.INTRODUCTION OF NEW BUSINESS - None VIII.INTERIM CITY ADMINISTRATOR'S REPORTS IX.CITY ATTORNEY'S REPORTS X.REPORTS OF COUNCIL MEMBERS 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 Planning Committee, Street Naming Committee Council Member Tucker – Gilroy Visitor’s Bureau, SCC Recycling & Waste Reduction Commission Council Member Woodward - SCC Emergency Preparedness Council, VTA Policy Advisory Committee XI.MAYOR'S REPORT City Council Meeting Agenda 3-3-08 Revised as to items in italics/underlining 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.CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Clerk CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(b)(3)(C): Claim of Golden Bay Construction, Inc. against City of Gilroy filed January 31, 2008 (Claim attached) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Govt Code section 54956.9(a)) City of Gilroy v. Kaufman and Broad - Monterrey Bay, Inc. Santa Clara Superior Court Case No. 1-06-CV-077424 City of Gilroy v. 140 Gilroy Associates, L.P. Santa Clara Superior Court Case No. 1-05-CV-055360 ADJOURN to Open Session. Public Report of any action taken in Closed Session and the vote or abstention of each Councilmember, if required by Government Code Section 54957.1. MEETINGS/EVENTS *Meeting will be live web-streamed at www.ci.gilroy.ca.us and televised on Channel 17 MARCH 2008 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 12 Joint City Council/GUSD Board Study Session – 6:00 p.m., Gilroy Unified School District Office, 7810 Arroyo Circle, Gilroy 17*Closed Session: Anticipated Litigation, Public Employee Appointment – City Administrator, Conference with Real Property Negotiators - 5:30 p.m., City Council Chambers 17*Regular City Council Meeting - 7:00 p.m., City Council Chambers 25 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy APRIL 2008 5 City Council Meeting Agenda 3-3-08 Revised as to items in italics/underlining 7* Study Session, Arts Center – 6:00 p.m., City Council Chambers 7*Regular City Council Meeting - 7:00 p.m., City Council Chambers 8 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy 14* Study Session, Budget Overview – 6:00 p.m., City Council Chambers 16* Study Session, Budget Overview – 6:00 p.m., City Council Chambers 21* Study Session, Habitat Conservation Plan - 6:00 p.m., City Council Chambers 21*Regular City Council Meeting - 7:00 p.m., City Council Chambers 22 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy 28* Joint City Council/Planning Commission Study Session, Budget (Capital Improvement) - 6:00 p.m., City Council Chambers 30* Joint City Council/Planning Commission Study Session, Budget (Capital Improvement) - 6:00 p.m., City Council Chambers MAY 2008 5* Regular City Council Meeting - 7:00 p.m., City Council Chambers 12 Joint City Council/GUSD Board Study Session – 6:00 p.m., Council Chambers 13 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy 14* Study Session, Budget (Financial Plan) – 6:00 p.m., City Council Chambers 19* Regular City Council Meeting - 7:00 p.m., City Council Chambers 21* Study Session, Budget (Gap Closure) – 6:00 p.m., City Council Chambers 27 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy 28* Study Session, Budget (Gap Closure) – 6:00 p.m., City Council Chambers JUNE 2008 2*Study Session, Master Plan/Nexus Study – 6:00 p.m., City Council Chambers 2*Regular City Council Meeting - 7:00 p.m., City Council Chambers 10 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy 16*Study Session, Master Plan/Nexus Study – 6:00 p.m., City Council Chambers 16*Regular City Council Meeting - 7:00 p.m., City Council Chambers 24 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy JULY 2008 7*Regular City Council Meeting - 7:00 p.m., City Council Chambers 8 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy 18 City Council Mini Policy Summit – 8:00 a.m. – 5:00 p.m., location TBD 21*Regular City Council Meeting - 7:00 p.m., City Council Chambers 28*Regular City Council Meeting - 7:00 p.m., City Council Chambers AUGUST 2008 4 Regular City Council Meeting - 7:00 p.m., City Council Chambers 12 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy 18 CANCELLED Regular City Council Meeting - 7:00 p.m. 26 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy XIII.ADJOURNMENT TO MEETING OF MARCH 17, 2008 6