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HomeMy WebLinkAbout03/17/2008 City Council - Public Agenda-1631City Council Agenda 3-17-08 COUNCIL MAYOR Al Pinheiro AGENDA COUNCIL MEMBERS: Peter Arellano CITY OF GILROY Dion Bracco Council Chambers, City Hall Bob Dillon 7301 Hanna Street Craig Gartman GILROY, CALIFORNIA 95020 Cat Tucker Perry Woodward Monday, March 17, 2008 SPECIAL MEETING/CLOSED SESSION 5:30 P.M. REGULAR MEETING 7:00 P.M. ALL CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.ci.gilroy.ca.us AGENDA CLOSING TIME IS 5:00 P.M. THE MONDAY PRIOR TO THE MEETING COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS 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. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. A minimum of 12 copies of materials should be provided to the City Clerk for distribution to the Council and Staff. All matters listed under the Consent Calendar are considered by the 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 prior to the time the Council votes to approve the Consent Calendar. Persons who wish to speak on matters set for a PUBLIC HEARING will be heard when the Mayor opens the public hearing. After all public comment is taken; the public hearing will be closed and brought to the Council level for discussion and action, and no further public comment will be taken. 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 also available for check out 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. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall during normal business hours. These materials are also available with the agenda packet on the City website at www.ci.gilroy.ca.us subject to Staff’s ability to post the documents before the meeting. 1 City Council Agenda 3-17-08 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. 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 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. 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 New Employees: a. Introduction of Sergio Avila, Community Services Officer b.Introduction of Steve Baty, Public Safety Systems Administrator D.Presentations & Proclamations 1.Presentation of 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 2 City Council Meeting Agenda 3-17-08 -3- I.OPENING (CONTINUED) 2.Presentation of Volunteer of the Month Award for March 2008 to Eugene Elliot of the Wipe out Watch Anti-Graffiti Program II.PRESENTATIONS (Please limit your presentations 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 25, 2008 Regular Meeting B.Recommendation to Approve Budget Transfers/Amendments C.Adoption of a Resolution 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 a Resolution 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) City Council Meeting Agenda 3-17-08 -4- 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. 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 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)] 1.Staff Report Possible Action: 2. Motion 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 A1 (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)] 1.Staff Report. Possible Action: 2.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 A1 (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 - None VIII.INTERIM CITY ADMINISTRATOR'S REPORTS IX.CITY ATTORNEY'S REPORTS City Council Meeting Agenda 3-17-08 -5- 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 –Street Naming Committee, South Santa Clara County Planning 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 A.Formation of a Sub-Committee to Evaluate Salary for the Interim City Administrator B.Boards/Committees: 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, South County VTA Policy Advisory Board 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 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. XIII.ADJOURNMENT TO MEETING OF APRIL 7, 2008 City Council Meeting Agenda 3-17-08 -6- MEETINGS/EVENTS *Meeting will be televised on Channel 17 MARCH 2008 25 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy APRIL 2008 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*Special City Council Meeting - 7:00 p.m., City Council Chambers City Council Meeting Agenda 3-17-08 -7- AUGUST 2008 4 Regular City Council Meeting - 7:00 p.m., TBD 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