Loading...
Minutes 2010/02/01 ---- ---~------------ ------~ City of Gilroy City Council Meetina Minutes February 1. 2010 I. OPENING "ill"I.... i A. Call to Order ,o;ojJiI,r;! Mayor Pinheiro called the meeting to order at 7:20 and led the Pledge of Allegiance. The invocation was given by Jacob Hawkins of the Bahai Faith Community. City Clerk Freels reported that the agenda had been posted on January 27,2010 at 11 :30 a.m. 9159 Roll Call Present: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Orders of the Day There were no changes to the agenda. C. Proclamations, Awards and Presentations Mayor Pinheiro read the 2009 Chamber of Commerce award winners: John Tomasello. Man of the Year; Libby Lai, Woman of the Year; Large Business of the Year Gilroy Premium Outlets; Small Business of the Year Blossom Valley Foods; Educator of the Year Silvia Reyes; Volunteer of the year Karen Riso; Non-profit Organization of the Year St. Joseph's Family Center. II. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL There were no public comments. B. Community Media Access Partnership (CMAP) Annual Report The presentation was given by Kathy Bisbee, Executive Director of CMAP. III. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Bracco shared the gang task force date change to the first Wednesday of the month and stated that the temporary library was set to open shortly and looked very nice. Council Member Tucker explained that she and Mayor Pro Tempore Bracco had net as the ad-hoc sub-committee for the youth center for the first time, and would b meeting again in the near future along with Council Member Arellano. Mayor Pinheiro asked the Council if the sub-committee of Mayor Pro Tempore Bracco, Council member Tucker, and himself could continued on for the City Clerk evaluation and the City Administrator evaluation. The Council agreed to continue with the same sub-committee members for both evaluations. Mayor Pinheiro then asked the Council to select a date for the Santa Clara Valley Water District joint meeting. The Council agreed to meet on either April 20th or 22nd. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS The Council agreed to agendize a resolution in support of HR 3745. V.CONSENTCALENDAR A. Minutes of January 25, 2010 Regular Meeting B. Surplus of Radio Equipment and Approval of Equipment Disposal C. Adoption of Ordinance 2010-040f the City Council of the City of Gilroy Amending Section 2A.2 of Chapter 2A of the Gilroy Municipal Code Adding 9160 Certain Sections Regulating Adult Businesses and Repealing Section 16.13-1 of the Gilroy Municipal Code Motion on Consent Calendar Items A. B. C Motion: to approve Consent Calendar items A, B & C Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VI. BIDS AND PROPOSALS A. Approval of 4-Year Copier Lease Agreement with IKON Office Solutions in the Amount of $56,540 per Year The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item VI.A. Motion: to Approve Agreement with IKON Office Solutions in the Amount of $56,540 per Year, and Authorization to the City Administrator to Execute Related Documents Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VII. PUBLIC HEARINGS A. Consideration of an Appeal of the Planning Commission Decision to Deny a Zoning Ordinance Text Amendment to Section 50.62 (b) (i) to Allow for RDO Small Project Exemptions to Exceed Twelve Units, Applicant Ronan Avenue Investors LLC (c/o Michael McDermott), Z 09-05 The staff report was presented by Interim Planning Manager Bischoff. The public hearing was opened. Applicant Michael McDermott spoke on the construction of a viable project speaking on the possibility of amending the project's previously allocated RDO's. He then asked the Council to direct staff to achieve the additional RDO's through the regular RDO [process, and not through the staff recommended zone text change process. Anthony Kilmer spoke in opposition to the amendment sharing the impacts to traffic, safety and parking with the increased size of the proposed project, as well as potential reductions in property values. Steve Nguyen, property owner near the project, spoke in opposition to the proposal sharing impacts to his children's safety and impacts to the homeowners around him. - Dennis Bacon spoke in opposition to the proposal sharing issues with egress from driveways, backyard sizes, elevation and the lot and house facings.. The public hearing was closed. City Attorney Callan explained that the proposal could not be processed as a small project exemption as it did not fall within the guidelines. She then explained that a medium density project exemption or change to the re-subdivision could be suggested 9161 to staff or to work with the changing of the actual prohibitions of re-subdividing. Motion on Item XII.A. Motion: to Deny Request and affirm Planning Commission decision. Moved by Council Member Peter Arellano, M.D., seconded by Council Member Craig Gartman. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Second Motion on Item VII.A. Motion: to direct staff look into modification to RDO process to find options to allow the project to moved forward. Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward No: Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Mayor AI Pinheiro B. Consideration of an Appeal of the Planning Commission Decision to Deny a Variance from Zoning Ordinance Section 19.23 (b) to Permit an Increase in the Maximum Front Yard Setback and a Decrease in the Minimum Street Front Building Height on a Property Zoned Downtown Expansion District (DE D), Located at 6951 Monterey Road, Gilroy, Applicant De La Torre Properties, LLC, V 09-03 The staff report was presented by Interim Planning Director Bischoff. The public hearing was opened. Herb Bowen, Architect for De La Torre Properties, spoke on the development in the area sharing the appropriateness of the project at the gateway, and benefits at the sit location. The Council took a 5 minutes break. Mayor Pinheiro recused himself explaining that the property owner had a business which the Mayor insured. The Mayor then left the Council Chambers. Juan De La Torre, applicant, explained that he would be running the restaurant at the site. The public hearing was closed. Motion on Item VII.B. Motion: to Direct Staff to Prepare a Resolution Approving a Variance from Zoning Ordinance Section 19.23 (b) to Permit an Increase in the Maximum Front Yard Setback and a Decrease in the Minimum Street Front Building Height on a Property Zoned Downtown Expansion District (DED), Located at 6951 Monterey Road, Gilroy, Applicant De La Torre Properties, LLC, V 09-03 with 5 findings necessary Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 5-1-1. Yes: Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward No: Council Member Peter Arellano, M.D. Absent: Mayor AI Pinheiro 9162 Mayor Pinheiro returned to the dais. VIII. UNFINISHED BUSINESS A. Residential Development Ordinance (RDO) Status Report The staff report was presented by Interim Planning Division Manager Bischoff. Public comment was opened. Ben Anderson suggested that the Council consider possible special exemption clauses that were consistent and enforceable changes, as they were beneficial to the Planning Commission when making their determinations. Public comment was closed. B. Unreinforced Masonry Building (URM) Ordinance Task Force Recommendations and Introduction of an Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Article VI Entitled "Seismic Safety" Section 6.45 Extending the Deadline to Complete Mitigation Program for Unreinforced Masonry Buildings and the Imposition of Penalties to July 1, 2010 The staff report was presented by Building Division Manager Abrams. There were no public comments. Motion on Item VIII.B. Motion: to Read Ordinance by Title Only and Waive Further Reading of the Ordinance Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro City Clerk Freels read the ordinance title. Second Motion on Item VIII.B. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy amending the Gilroy City Code Article VI Entitled "Seismic Safety" Section 6.45 Extending the Deadline to Complete Mitigation Program for Unreinforced Masonry Buildings and the Imposition of Penalties to July 1,2010 Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman - IX. INTRODUCTION OF NEW BUSINESS A. Joint Powers Agreement to Become a Member of the Silicon Valley Regional Interoperability Authority (SVRIA) and to Modify the Current Funding Agreement, and Authorize the Mayor to Execute Related Documents The staff report was presented by Fire Chief Foster. There were no public comments. 9165 Motion on Item IX.A. Motion: to Approve a Joint Powers Agreement to Become a Member of the Silicon Valley Regionallnteroperability Authority (SVRIA) and to Modify the Current Funding Agreement, and Authorize the Mayor to Execute Related Documents Moved by Council Member Craig Gartman, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Report on Ground Squirrel Control The staff report was presented by Parks and Operations Services Supervisor Headley. There were no public comments. Motion on Item IX.B. Motion: approve Direct staff to make 2 or 3 perches for squirrel control at Christmas Hill Park. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro C. Review of Gilroy Hazard Mitigation Strategy Priorities to be Included in the Association of Bay Area Governments (ABAG) Local Hazard Mitigation Plan for the Bay Area The staff report was presented by Building Division Manager Abrams. There were no public comments. Motion on Item IX.C. Motion: to Receive Report Moved by Council Member Peter Arellano, M.D., seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro D. Approval Engineering Design Consultant Agreement for Design Work Related to Federal Stimulus Assistance and Authorization to the City Administrator to Execute Related Documents There were no public comments. Motion on Item IX.D. Motion: to Approve Engineering Design Consultant Agreement for Design Work Related to Federal Stimulus Assistance and Authorization to the City Administrator to Execute Related Documents Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D.. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro 916~ Motion to continue the meetina after 11 :00 p.m. Motion: to continue the meeting passed 11 :00 p.m. Yes: Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D. Council Member Woodward left the meeting at 10:53 p.m. E. A Resolution of the City Council of the City of Gilroy Authorizing the Issuance and Sale of Wastewater Revenue Refunding Bonds in the Maximum Amount of $27,500,000.00 to Refinance Outstanding 1999 Installment Payment Obligations and Approving Related Agreements and Actions, and Direction to Utilize Savings in Debt Service Costs to Fund the City Portion of the Pajaro River Outfall Structure Project The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item IX.E. Motion: to Adopt Resolution 2010-05 of the City Council of the City of Gilroy Authorizing the Issuance and Sale of Wastewater Revenue Refunding Bonds in the Maximum Amount of $27, 500,000.00 to Refinance Outstanding 1999 Installment Payment Obligations and Approving Related Agreements and Actions Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 6-0-1. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro Absent: Council Member Perry Woodward Second Motion on Item IX.E. Motion: to approve Utilizing Savings in Debt Service Costs to Fund the City Portion of the Pajaro River Outfall Structure Project Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker Vote: Motion carried 6-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro Absent: Council Member Perry Woodward F. Endorsement of Policy Statement on 2- Tier Local Government Retirement Benefits The staff report was presented by Human Resources Manager McPhillips. Public comment was opened. Gary Muraoka, President of Gilroy AFSCME union, shared information from the CalPERS website stating that city employees did not receive social security and explaining that the rates were going up because PERS had a horrible investment year. He then shared the higher costs to the City for public safety benefits, and asked that the miscellaneous group not be affected. ~ Public comment was closed. Motion on Item IX.F. Motion: to Endorse Guiding Principles for Local Government Retirement Benefits as Recommended by the Santa Clara and San Mateo Counties City Manager Associations Moved by Council Member Craig Gartman, seconded by Council Member Bob 9165 Dillon. Public comment was closed. Vote: Motion carried 5-1-1. Yes: Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D. Absent: Council Member Perry Woodward G. Review Request of California Senator Padilla to Regulate the Location of Tobacco Retailers There were no public comments. Motion on Item IX.G. Motion: to Take no action on the item. Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5-1-1. Yes: Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D. Absent: Council Member Perry Woodward H. Approval of Expenditure of $6,400.00 for Team Building Facilitator at City Council Goal Setting Session The staff report was presented by City Administrator Haglund. Motion on Item IX.G. Motion: to reject expenditure of $6,400.00 for Facilitation Services for the City Council Goal Setting Session Moved by Council Member Craig Gartman, seconded by Council Member Bob Dillon. Vote: Motion carried 4-2-1. Yes: Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Council Member Cat Tucker Absent: Council Member Perry Woodward X. CITY ADMINISTRATOR'S REPORTS There was no report. XI. CITY ATTORNEY'S REPORTS City Attorney Callan announced her Brown Act training on Monday, Feb 8th at 6:30 p.m. XII. CLOSED SESSION A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5) City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Dale Foster, Fire Chief Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: MOU between the City of Gilroy and the Firefighters Local 2805 There were no public comments. 9166 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) and Gilroy City Code Section 1 7 A. 11 ( c )( 1 ) Name of Case: City of Gilroy v. Goyko G. Kuburovich; Patricia E. Kuburovich; Neil J. Forrest; Medileaf dba Medileaf Medical Cannabis and/or Collective Dispensary dba UR Health & Wellness Center; Mike Atkar; Kulwinder Kaur Atkar; Case No. 09CV157867, Superior Court, County of Santa Clara City Attorney Callan explained that the Council was adjourning to closed session on the item on the basis of the discussion of existing litigation would share strategies, costs and timing and would likely prejudice the city position if discussed in open session. There were no public comments. Motion to adiourn to closed session Motion: to Adjourn to Closed Session on Item XII.B. Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 6-0-1. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro Absent: Council Member Perry Woodward The Council adjourned to closed session at 11 :35 P'1'\ : )