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Minutes 2010/03/01 r I I , City of Gilroy City Council Meetina Minutes March 1. 2010 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. The Invocation was given by Ruth Breton of the Bahai Community. City Clerk Freels reported that the agenda had been posted on February 24, 2010 at 10:00 a.m. Roll Call Present: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Orders of the Day Mayor Pinheiro asked to move Items VIII.A. and VIII.B. - the interviews for the Arts and Culture Commission and the Library Bond Committee, up the agenda following Item IV. Future Council Initiated Items. The Council agreed to the change. 9167 C. Proclamations, Awards and Presentations Mayor Pinheiro presented a Proclamation honoring Albert Lambert. Mayor Pinheiro presented a Proclamation recognizing the 10 Year Anniversary of Antonio Del Buono Elementary. 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 Mike Bryant of Tiaga Supermarket shared his concerns with rumors of larger supermarkets moving into the city, asking how the city planned for new businesses moving into the city. Mark Starritt spoke on retirement pension losses and the city's plan stating that public safety retirements were too high. He suggested the Council consider lowering public safety retirements when looking at pension plans overall in the future. III. REPORTS OF COUNCIL MEMBERS Council Member Tucker reported that the Santa Clara Valley Habitat Conservation Plan Committee had voted to leave out steel head trout from the Habitat Conservation Plan, explaining that she had voted to keep the steel head in the plan, but had been out voted. Council Member Dillon thanked everyone for attending the grand opening of the temporary library. Council Member Arellano thanked everyone who had worked on bringing the temporary library downtown. MAYOR'S REPORT Mayor Pinheiro thanked everyone for attending the temporary library grand opening sharing the activities of the day. He then thanked Gary Walton for the remodel work done on the building that was housing the temporary library. He continued by thanking the participants at the grad night fund raiser the previous weekend, stating that the event was a big success. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pinheiro asked to agendize a future item on prioritizing the sidewalk repair monies available in July 1, 2010 giving first priority to the sidewalks in the worst condition. The Council agreed to agendize the item. Council Member Tucker asked to agendize an item on the status of planning applications and notification to Council of new applications coming in. The Council agreed to agendize the item. VIII. UNFINISHED BUSINESS A. Interviews and Appointment of One (1) Member to the Arts & Culture Commission with a Term Ending December 31, 2011 The Council interviewed Delia "Dede" Kal-Harp and Diana Young. 9168 Motion on Item VIII.A. Motion: to Appoint Diana Young as Member to the Arts & Culture Commission 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.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Interviews and Appointment of One (1) Member to the Library Bond Oversight Committee Tony Marandos was available for questions. Motion on Item VIII.B. Motion: to Appoint Tony Marandos to the Library Bond Oversight Committee Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro V. CONSENT CALENDAR A. Minutes of February 1, 2010 Regular Meeting B. Claim of Tim Ballard (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) C. Claim of Ascension and Lydia Salinas (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) D. Resolution 2010-06 of the City Council of the City of Gilroy 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 E. Approval City of Gilroy Investment Policy Motion on Consent Calendar Items A. B. C. D. E Motion: to approve consent calendar items A, B, C, 0, E Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VI. BIDS AND PROPOSALS A. Award of Consultant Contract to Denise Duffy & Associates in the Amount of $36,366.00 for the Preparation of an Environmental Initial Study Analyzing the Impacts of Three Bicycle/Pedestrian Trail Projects and Authorization to the City Administrator to Execute Related Documents The staff report was presented by Transportation Engineer Dey. There were no public comments. Motion on Item VI.A. Motion: to Approve Consultant Contract with Denise Duffy & Associates and 9169 Authorize the City Administrator to Execute Related Documents Moved by Council Member Peter Arellano, M.D., seconded by Council Member Cat Tucker. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman B. Additional Demolition Design Services with Harley Ellis Devereaux in the Amount not to Exceed $45,000.00 for Unreinforced Masonry Buildings (URM) Located at 7353 and 7355 Monterey Street, Cultural Center Site and Authorization to the City Administrator to Execute Related Documents The staff report was presented by City Engineer Smelser. There were no public comments. Motion on Item VI.B. Motion: to Approve Demolition Design Services with Harley Ellis Devereaux for Unreinforced Masonry Buildings (URM) Located at 7353 and 7355 Monterey Street, Cultural Center Site and Authorize the City Administrator to Execute Related Documents Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman C. Selection of Consolidated CM Incorporated for Staff Extension Services for the New City of Gilroy Library, RFP No. 10-RFP-CDD-345 and Authorization to the City Administrator to Execute Related Documents The staff report was presented by City Engineer Smelser. Public comment was opened. Ron Kirkish spoke on keeping city money local by using local contractors. Public comment was closed. Motion on Item VI.C. Motion: to Approve the Selection of Consolidated CM Incorporated for Staff Extension Services for the New City of Gilroy Library, or if unsuccessful to Initiate Contract Negotiations with the Second Ranked Qualified Consultant, and Authorize 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.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VII. PUBLIC HEARINGS A. Public Hearing to Consider a Report by the Gilroy Police Department Recommending Projects and Programs for Funding Under the California State Law Enforcement Block Grant Monies for the 2009-2010 Fiscal Year The staff report was presented by Police Chief Turner. The public hearing was opened; there being no comments, the hearing was closed. 9170 Motion on Item VII.A. Motion: to Approve Projects and Programs for Funding Under the California State Law Enforcement Block Grant Monies for the 2009-2010 Fiscal Year 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.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Zone Change Request and Architectural and Site Application for a Parcel Located at the Southwest Corner of Santa Teresa Boulevard and Hecker Pass Highway To Remove the Restriction that the Lot Remain an Estate, and to Allow the Development of a 120-bed Skilled Nursing Facility and Ambulatory Surgery Center on a Property Zoned R3-PUD (Medium Density Residential/Planned Unit Development), DMA Partners, LLC. Applicant, Z 08- 02/AS-PUD 08-22 The staff report was presented by Planner II Ketchum. The public hearing was opened. Miguel Vasquez, applicant representative for DMB Partners, shared the benefits of the facility explaining that there were few facilities in the region with such services. Rob Onetta of RJA, planners and civil engineers for the project, spoke on the benefits of the proposal to the community and shared the Planning Commission discussions regarding rezoning. He spoke on the original approval in 2001 and ties to the Hecker Pass Specific Plan and parking at the site. Dr. William Harper spoke on the medical services to be provided at the skilled nursing facility and the ambulatory center. Jill Ortiz spoke in support of the proposal sharing the need for a skilled nursing center in Gilroy and her need for such a facility for her father. Ray Michaelson, resident at Village Green, spoke on the need for the skilled nursing facility and benefits to himself and other residents who needed the care. Terri Aulman, president of the Village Green homeowners association, shared a letter of support from the residents in the community. Joan Spencer spoke in support of the proposal stating that there were very few nursing homes in the region. She then shared information on the poor quality of care at another facility in the area. Jack Daily, resident at Village Green, asked what would be planned for the lot if the proposal was not approved stating that the proposal was a logical extension of what was already at the Village Green area. A homeowner at Village Green stated that there were issues with the development of the residential areas stating that she was concerned about possible negative impacts to property owners in the Village Green area. She then spoke on problems with the driveways and asked that the Council require that the problems be addressed. ,.,.'~ Shirley Willard spoke in opposition to the proposal, sharing development issues in other communities and areas of the city, and stating that the corner was best as an estate lot to maintain the view shed. She then spoke on medical facilities in the State of Texas and suggested the Council consider building medical facilities in the No Name Uno area of the city. A gentleman asked about fencing at the facility. 9171 Public comment was closed. Motion on Item VII.B. Motion: to Adopt the Mitigated Negative Declaration Finding That on the Basis of the Whole record (including the initial study and any comments received), there is no Substantial Evidence that the Project will have a Significant Effect on the Environment and That the Mitigated Negative Declaration Reflects the Independent Judgment and Analysis of the City Moved by Council Member Craig Gartman, seconded by Council Member Peter Arellano, M.D.. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Second Motion on Item VII.B Motion: to Direct Staff to Prepare a Zoning Ordinance Amendment Z08-02 Approving the Zone Change Request for a Parcel Located at the Southwest Corner of Santa Teresa Boulevard and Hecker Pass Highway To Remove the Restriction that the Lot Remain an Estate, and to Allow the Development of a 120- bed Skilled Nursing Facility and Ambulatory Surgery Center on a Property Zoned R3-PUD, Located at the Southwest Corner of Santa Teresa Boulevard and Hecker Pass Highway Z08-02/AS PUD 08-22, finding that it is one unified PUD and adding the additional requirement that the roll curb and driveways be repaired to the satisfaction of staff. 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.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Third Motion on Item VII.B. Motion: to Direct Staff to Prepare a Resolution Approving A/S PUD 08-22 Approving Architectural and Site Design for this project, subject to the amendments. Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VIII. UNFINISHED BUSINESS C. Resolution of the City Council of the City of Gilroy Rescinding Architectural and Site Approval A/S 05-15 Condition Number 10, Which Required the Installation of Children's Playground Equipment on the Common Area of the Project, APN 808-46-065 There were no public comments. The Council took a 5 minute break at 10:05 p.m. Motion on Item VIII.C. Motion: to Adopt Resolution 2010-07 of the City Council of the City of Gilroy Rescinding Architectural and Site Approval A/S 05-15 Condition Number 10, Which Required the Installation of Children's Playground Equipment on the Common Area of the Project, APN 808-46-065 Moved by Mayor Pro Tempore Dion Bracco, seconded by Mayor AI Pinheiro. Vote: Motion carried 4-3. 9172 Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Council Member Craig Gartman; Council Member Perry Woodward D. A Resolution of the City Council of the City of Gilroy Overturning the Planning Commission's Denial of Variance V09-03 (APN) 799-34-038 and Granting Said Variance Mayor Pinheiro recused himself and left the Council Chambers. There were no public comments. Motion on Item VIII.D. Motion: to Adopt Resolution 2010-08 of the City Council of the City of Gilroy Overturning the Planning Commission's Denial of Variance V09-03 (APN) 799-34- 038 and Granting Said Variance Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 5-1-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward No: Council Member Peter Arellano, M.D. Absent: Mayor AI Pinheiro Mayor Pinheiro returned to the dais. E. Adoption 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 There were no public comments. Motion on Item VIII.F. Motion: to Adopt Ordinance 2010-05 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 Bob Dillon, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman F. Murray Avenue and Las Animas Avenue Work Plan Update The staff report was presented by Development Center Manager Abrams. There were no public comments. - IX. INTRODUCTION OF NEW BUSINESS A. Use of Santa Clara County Department of Agriculture to Conduct Annual Weed Abatement The staff report was presented by Fire Marshall Bretschnieder. There were no public comments. Motion on Item IX.A. r~~ 9173 Motion: to Authorize the City Administrator to Execute an Agreement with the County of Santa Clara for Weed Abatement Services Moved by Council Member Craig Gartman, seconded by Council Member Bob Dillon. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro X. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on the Fresh Group application in process. He then spoke on the Planning log housed on the City website. XI. CITY ATTORNEY'S REPORTS There was no report presented. 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; Memorandum of Understanding: MOU between the City of Gilroy and the Firefighters Local 2805 B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT; Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5) ; Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Denise Turner, Police Chief; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: MOU Between the City of Gilroy and Gilroy Police Officers Association, Inc. There were no public comments on Items XII.A or XII.B. The Council adjourned to Closed Session at 10:35 p.m. AWNA FREEL City Clerk