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Minutes 2010/03/15 r City of Gilroy City Council Meetina Minutes March 15.2010 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 7:15 p.m. and led the Pledge of Allegiance. The Invocation was given by Mark Turner of South Valley Community Church. City Clerk Freels reported that the agenda had been posted on March 10,2010 at 12:00 p.m. and the revised agenda posted on March 13, 2010 at 3:15 p.m. 9174 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 noted that Item VIII.A.; Alternatives for Award of ROO Exemptions for Ronan Avenue Investors Project Applications Z 09-04, TM 09-02, AS 09-12, AHE 10- 01, would be heard prior to the opening of Public Hearing Items VII.B., VII.C., VII.D. and VII.E. Mayor Pinheiro then spoke on the suggested addition of an Item to the agenda regarding the Library Construction as to whether or not to bid the project as a prevailing wage project. City Attorney Callon explained that the Council could add the item to the agenda per the Brown Act if the item was brought to the attention of the city after the posting of the agenda, and there was a need to take immediate action. She further explained that the Open Government Ordinance allowed for the addition of the item if the determination was made that there was an imperative need to take action as there was a threat to the public's interests. City Administrator Haglund explained that the bid was going out on March 23, 2010, prior to the next Council Meeting. The Council agreed to agendize the item at a special meeting on Wednesday, March 17,2010. C. Proclamations, Awards and Presentations The Antonio Del Buono Violin Group performed for the Council and audience. Mayor Pinheiro presented a proclamation recognizing the 1 0 Year Anniversary of the Violin Program at Antonio del Buono Elementary School. Mayor Pinheiro presented a proclamation naming March, 2010 as Red Cross Month. Mayor Pinheiro presented the award for Volunteers of the Month for November, 2009 to South Valley Community Church. Mayor Pinheiro presented awards to the Volunteers of the Month for January, 2010 to the Public Art Committee. Mayor Pinheiro presented a proclamation Honoring Solorsano 7th Grade Boys Basketball Team as East Santa Clara County Basketball Champions. 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 Maurin Thomas, a volunteer with the graffiti abatement program, stated that there were stickers being put up throughout the city that were very difficult to remove and asked for Council support in suggesting the Post Office monitor the use of their mailing labels to help stop them from being used as stickers for graffiti purposes. - Kim Ferm of the United Way Silicon Valley spoke on the 211 Santa Clara County program. Ron Kirkish spoke on receiving information on binding arbitration from prior Council discussions on the topic and spoke on balancing services with savings when discussing using alternate agencies for public safety services. 9175 B. Presentation by the Housing Trust of Santa Clara County Kevin Zwick of the Housing Trust of Santa Clara County gave the presentation. III. REPORTS OF COUNCIL MEMBERS There were no reports. MAYOR'S REPORT Mayor Pinheiro announced that he had attended a joint Cities Association and City Managers Meting the previous week where the League of California Cities had given a presentation on protecting local funding. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pinheiro explained that the Council had discussed adding budget policies as a future agenda item. City Administrator Haglund spoke on changes to the Council norms stating that a minimum reserve fund balance was not included in the current document. The Council agreed to agendize an item on budget policies. Council Member Woodward asked to agendize an item on more detailed Planning Commission minutes. The Council agreed to agendize the item. V. CONSENT CALENDAR A. Minutes of March 1, 2010 Regular Meeting C. Resolution 2010-09 of the City Council of the City of Gilroy Authorizing the Association of Bay Area Governments (ABAG) to Accept and Expend Grant Funds on Behalf of the City of Gilroy for "Retrofit Bay Area" Motion on Consent Calendar Items A and C Motion: to Approve Items A and C Moved by Council Member Bob Dillon, 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 B. Payment of $2,200,000.00 to Gilroy Unified School District for Christopher High School Gymnasium Joint Use Facility Motion on Consent Calendar Item V.B. Motion: approval of payment of $2,200,000.00 to Gilroy Unified School District for Christopher High School Gymnasium joint use facility 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 VI. BIDS AND PROPOSALS A. Award of Water System Supervisory Control and Data Acquisition (SCADA) Improvements Project to Mission Controls Company in the Amount of 9176 $170,000.00 The Staff report was presented by City Engineer Smelser. There were no public comments. Motion on Item VI.A. Motion: to approve award of the water system supervisory control and data acquisition (SCADA) improvements project to Mission Controls Company in the Amount of $170,000 and authorization to City Administrator to execute related documents Moved by Council Member Cat Tucker, 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 VII. PUBLIC HEARINGS A. Community Development Block Grant (CDBG) and Housing Trust Fund Public Services Funding Recommendations The staff report was presented by Housing and Community Development Manager Roaf. There were no public comments. Motion on Item VitA. Motion: to approve Community Development Block Grant (CDBG) and Housing Trust Fund Public Services funding recommendations 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 VIII. UNFINISHED BUSINESS A. Alternatives for Award of Residential Development Ordinance (RDO) Exemptions for Ronan Avenue Investors Project Applications Z 09-04, TM 09- 02, AS 09-12, AHE 10-01 The staff report was presented by Planning Director Bischoff. Applicant Michael McDermott stated that they were planning to begin construction in August or September of 2010. There were no other public comments. Motion on Item VIII.A. Motion: direction to staff to use alternative #4 as proposed with the placement of limitations that the project be infill and shovel ready. Moved by Council Member Craig Gartman, seconded by Council Member Bob Dillon. Vote: Motion carried 4-3. Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Mayor AI Pinheiro VII. PUBLIC HEARINGS 9177 B. Affordable Housing Exemption Request to Allocate 32 Residential Units on 4.35 Acres on Property Located at Ronan Avenue at the Termini of Brazo and Bosque Streets, Ronan Avenue Investors, LLC (c/o Michael McDermott) Applicant, AHE 10-01 The staff report was presented by Planning Director Bischoff. Council Members Gartman, Tucker and Mayor Pinheiro each stated that they had discussed the project with the applicant. The public hearing was opened. Dennis Bacon spoke on the recommendation from the Planning Commission to reduced the project size to 29 units stating he believed that it should be 27 units. He then spoke on Council discussions with the applicant and stated that 32 units would negatively impact the residents of the area. Grant Miller stated that he believed that the proposal should be a total of 27 Affordable Housing allocations. Applicant Michael McDermott asked if the process of the project approvals could be rearranged. The public hearing was closed. Motion on Item VII.B. Motion: to direct staff to prepare a Resolution modifying AHE 10-01 removing it from the Affordable Housing Exemptions and granting 32 units per the exemptions alternative #4 as approved under item VIII.A. Moved by Council Member Craig Gartman, seconded by Council Member Bob Dillon. Vote: Motion carried 4-3. Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Mayor AI Pinheiro The Council took a 5 minute break. The Council reconvened in open session at 10:35 p.m. Motion to Continue Items Motion: to continue all remaining items except VIII.B. IX.A. and closed session; Items VII. C, D, E, continued to April 19, 2010, and the remaining items to April 5, 2010. Moved by Council Member Perry Woodward, 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 C. Zoning Amendment to Change the Zoning of 4.35 Acres from R1 (Single Family Residential) to R1-PUD (Single Family Residential-Planned Unit Development) for a Property Located on Ronan Avenue at the Termini of Brazo and Bosque Streets; Ronan Avenue Investors, LLC (c/o Michael McDermott) Applicant, Z 09- 04 The item was continued to April 19, 2010. D. Tentative Map Approval to Subdivide 4.35 acres into 32 Residential Lots for a Property Located on Ronan Avenue at the Termini of Brazo and Bosque 9178 Streets; Ronan Avenue Investors (c/o Michael McDermott) Applicant, TM 09-02 The item was continued to April 19, 2010. E. Architectural and Site Request to Allow the Development of a 32-unit Residential Development on a Property Located at Ronan Avenue at the Termini of Brazo and Bosque Streets; Ronan Avenue Investors (c/o Michael McDermott) Applicant, AS 09-12 The item was continued to April 19, 2010. VIII. UNFINISHED BUSINESS B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Chapter 4, Entitled "Animals and Fowl" Pertaining to the Regulation of Dogs and Cats The item was presented by Police Chief Turner. Public comment was opened. A gentleman spoke on billing from the city of Morgan Hill and rabies tags stating that his veterinarian did not provide tags for dog collars. Public comment was closed. Motion on Item VIII.B. Motion: to read the ordinance by title only and waive further reading of the ordinance. Moved by Council Member Peter Arellano, M.D., 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 Second Motion on Item VIII.B. Motion: to introduction an Ordinance of the City Council of the City of Gilroy Amending Chapter 4, Entitled "Animals and Fowl" Pertaining to the Regulation of Dogs and Cats with change as recommended. Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D. 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. An Ordinance of the City Council of the City of Gilroy Approving an Application for a Change in Zoning Designation from R3-PUD (Medium Density Residential-Planned Unit Development) to R3-PUD to Remove the Estate Lot Restriction on Approximately 3.81 Acres Located at the Southwest Corner of Santa Teresa Boulevard and Hecker Pass Highway (SR152), APN 810-66-012 - The item was continued to April 5, 2010. IX. INTRODUCTION OF NEW BUSINESS A. Memorandum of Understanding for Data Sharing Between the Gilroy Police Department and Law Enforcement Agencies Within the South Bay Information Sharing System (SBISS) - South Bay Region Node The staff report was presented by Chief Turner. 9179 There were no public comments. Motion on Item IX.A. Motion: to Adopt Resolution 2010-10 of the City Council of the City of Gilroy Authorizing the City Administrator to Execute a Memorandum of Understanding for Data Sharing Between the Gilroy Police Department and Law Enforcement Agencies Within the South Bay Information Sharing System (SBISS) - South Bay Region Node Moved by Council Member Perry Woodward, 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 B. Annual Report of the Open Government Commission The item was continued to April 5, 2010. X. CITY ADMINISTRATOR'S REPORTS There was no report. XI. CITY ATTORNEY'S REPORTS There was no report. 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 and the Firefighters Local 2805 There were no public comments. The Council adjourned to Closed Session at 11 :14 p.m. Closed Session Announcement: The Council provided direction to staff to issue layoff/bumping letters to fire suppression personnel effective July 1, 2010. Vote: Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.