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Minutes 2009/03/02 City of Gilroy City Council Meetina Minutes March 2. 2009 I. OPENING Mayor Pinheiro called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. The Invocation was given by Frank Azad of the Bahai Community. City Clerk Freels reported that the agenda had been posted on February 25, 2009 at 10:00 a.m. Roll Call Present: Council Member Peter Arellano, M.D., Council Member Dion Bracco, Council Member Bob Dillon, Council Member Craig Gartman, Council Member Cat Tucker, Council Member Perry Woodward and Mayor AI Pinheiro B. Orders of the Day Mayor Pinheiro asked the Council to pull Item IV.D. to the following meeting as there were two additional applicants for the seat. Motion to Approve pullina Item IV.D.to the next meetina Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano,M.D.; Council Member Cat Tucker; Council Member Bob Dillon; Mayor AI Pinheiro; Council Member Dion Bracco; Council Member Perry Woodward; Council Member Craig Gartman . C. Proclamations, Awards and Presentations Mayor Pinheiro presented a Resolution to Bill Faus in honor of for His 25 years of Service to the City of Gilroy. 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 Mr. Charles Goodley spoke on illegal aliens in the community and shared a Project Plan and Schedule for an Absorption Center. He then asked the Council to ratify the plan to locate property and a center to be built. / 9028 III. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Bracco stated that the Gang Task Force was meeting the next evening and then spoke on a grant the Police Chief was working to execute. He then explained that the library move to a temporary site was planned for June. Council Member Tucker stated that the Recycling and Waste Reduction Committee had met and the approach chosen was a slow, 3-tiered approach to the plastic bag issue beginning with educational efforts. W.CONSENTCALENDAR A. Minutes of the February 2, 2009 Regular City Council Meeting B. Claim of Matthew Jacksich (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) C. Approval of Budget Amendment E. Adoption of Ordinance 2009-01 of the City Council of the City of Gilroy Amending Chapter 27, Article IV, of the Gilroy City Code Pertaining to Daily Water Use Allocations and Water Overuse Penalties (Item heard January 26, 2009 with an affirmative vote) F. Adoption of Ordinance 2009-02 of the City Council of the City of Gilroy Amending Chapter 19, Article VIII, of the Gilroy City Code Pertaining to the Daily Sewer Use Allocations and Sewer Overuse Penalties (Item heard January 26,2009 with an affirmative vote) Council Member Gartman asked to add the language into the minutes of February 2, 2009" ...which could in a few years double our water costs" at the end of his comment under Item III. Reports of Council Members Motion on Item IV. Consent Calendar Items A. B. C. E. F 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 Cat Tucker; Council Member Bob Dillon; Mayor AI Pinheiro; Council Member Dion Bracco; Council Member Perry Woodward; Council Member Craig Gartman D. Appointment of Kathy O'Brien to the Arts and Culture Commission to Fill an Un-expired Four (4) Year Term Ending December 31, 2009 The item was pulled during orders of the day. V. BIDS AND PROPOSALS - None VI. PUBLIC HEARINGS A. An Ordinance of the City Council of the City of Gilroy Amending Zoning Ordinance Section 51.32 (Notices) to Increase the Area That is Included in the Public Hearing Notices and to Require That the Applicant Install a Public Notice Sign on the Property That is the Subject of the Public Hearing or Project Decision by the Community Development Department Community Development Director Rooney presented the item. The Public Hearing was opened. Gary Walton spoke on extending the noticing requirements in the City beyond State or Federal law. He asked if there were people who were unaware of land use proposals l 9029 and then suggested that something explain why the State and Federal laws were being exceeded. The Public Hearing was closed. Motion on Item VI.A. Motion was made to continue the item for a status update in 90 days to address changes to the language on the issues of re-noticing at the 2nd continuance, staff handling mailing of public hearing notices and removal of the variance language. Moved by Council Member Craig Gartman, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano,M.D.; Council Member Cat Tucker; Council Member Bob Dillon; Mayor AI Pinheiro; Council Member Dion Bracco; Council Member Perry Woodward; Council Member Craig Gartman B. General Plan Amendment Request to Change the General Plan Designation of Property East of Santa Teresa Boulevard, Between Thomas Road and Mesa Road from Open Space to Neighborhood District, GPA 08-04, City of Gilroy/Ken Kerley, Portions of APN 808-25-001, 002 and 005 The Staff report was presented by Planner II Durkin. (07:27 PM) Public Comment was opened. Ben Anderson spoke on the Planning Commission hearing explaining that the applicant was paying for the entire process and should not bare the entire costs of the general plan amendment. Mr. Ken Kerley, the applicant, spoke on development of the property and his surprise when he found out that the general plan designation had changed to Open Space zoning for a portion of the property, stating that he had not been personnally noticed of the change in zoning. He spoke on the FEMA map used to change the zoning and then asked the Council to approve his application to change the zoning back to it's previous designation. Public comment was closed. Motion on Item VI. B. Motion was made to approve direction to staff to prepare a Resolution Approving GP A 08-04 Moved by Council Member Peter Arellano,M.D., seconded by Council Member Bob Dillon. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano,M.D.; Council Member Cat Tucker; Council Member Bob Dillon; Mayor AI Pinheiro; Council Member Dion Bracco; Council Member Perry Woodward; Council Member Craig Gartman The Council recessed for a 10 minute break. VII. UNFINISHED BUSINESS Council Member Woodward recused himself stating that he owned property near the subject site. He then left the dais. A. Approval of the Use of Gilroy Housing Trust Funds to Purchase a 50% Interest of $167, 500 per home, for up to Four Homes in the Forest Park Phase of the South County Housing Cannery Project The Staff report was presented by Planner II Burns-Tobin Mr. Denis Lalor of South County Housing presented the proposal to the City Council. 9030 Public comment was opened. Jaime Rosso spoke in support of the proposal stating that it was an important project that had housed several employees of his. Justin Lagunas, Forest Park Resident, spoke in favor of the proposal and shared a roster of other Forest Park Residents who were also in support of the proposal. Jose Montes spoke in favor of the proposal and spoke on the positive effects to the downtown area with the development. Gary Walton spoke in favor of the proposal stating that the property values would be increased with the project. Nick Giorgi spoke in favor of the proposal sharing his purchase of a neighboring unit because of the positive changes in the Gilroy downtown area. Clorete Almeide spoke in favor of the proposal and the positive effect it would have to her own development in the downtown. Mr. Lalor spoke on the difference between low income and affordability sharing the positive effects for the people in the community. Nick Giorgi spoke on the Fire Department's removal of the previous sign on the property site during an emergency on the site. He then shared his willingness as a property owner to have rentals in the area sharing the difficulty people were having with financing even with good credit and a larger down payment. Mr. Lalor spoke on the mix of units with portions of low income, moderate income and market rate homes. He then spoke on the example of Los Arroyos, stating that it was a wonderful project. Mr. Charles Goodely spoke on building units for low income families stating that it was difficult to purchase affordable homes with the rate of decrease in property value. Motion on Item VII.A. Motion: Approve use of Housing Trust Funds to Purchase a 50% Interest of $167, 500 per home, for up to Four Homes in the Forest Park Phase of the South County Housing Cannery Project Moved by Council Member Peter Arellano,M.D., seconded by Council Member Cat Tucker. Vote: Motion failed 3-3. Yes: Council Member Peter Arellano,M.D.; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Bob Dillon; Council Member Dion Bracco; Council Member Craig Gartman Absent: Council Member Perry Woodward Council Member Woodward returned to the Council dais. B. Resolution of the City Council of the City of Gilroy Approving A1S 07-53, An Application for Construction of a Four Story Mixed Use Retail/Residential Building in the Downtown Historic District (DHD), on Approximately .05 Acres Located at 7401 Monterey Street, on the Northwest Corner of Sixth Street, Jose Montes Applicant (Item Heard on February 2, 2009 with an affirmative vote) The Staff report was presented by Planner II Durkin. There were no public comments. Motion on Item VII.B. 9051 Motion was made to Adopt a Resolution 2009-04 of the City Council of the City of Gilroy Approving A1S 07-53, An Application for Construction of a Four Story Mixed Use Retail/Residential Building in the Downtown Historic District (DHD), on Approximately .05 Acres Located at 7401 Monterey Street, on the Northwest Corner of Sixth Street Moved by Council Member Bob Dillon, seconded by Council Member Craig Gartman. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano,M.D.; Council Member Cat Tucker; Council Member Bob Dillon; Mayor AI Pinheiro; Council Member Dion Bracco; Council Member Perry Woodward; Council Member Craig Gartman C. An Ordinance of the City Council of the City of Gilroy Establishing the City of Gilroy Bicycle Pedestrian Commission The staff report was presented by Transportation Engineer Dey. There were no public comments. Motion on Item VII.C. Motion: Approve Introduction of the ordinance by title only and waiving the full reading of the ordinance. Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano,M.D.; Council Member Cat Tucker; Council Member Bob Dillon; Mayor AI Pinheiro; Council Member Dion Bracco; Council Member Perry Woodward; Council Member Craig Gartman City Clerk Freels read the ordinance by title. Second Motion on Item VII.C. Motion: approve Introduce an Ordinance of the City Council of the City of Gilroy Establishing the City of Gilroy Bicycle Pedestrian Commission With Commissioner Muniz serving a 4 year term. 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.; Council Member Cat Tucker; Council Member Bob Dillon; Mayor AI Pinheiro; Council Member Dion Bracco; Council Member Perry Woodward; Council Member Craig Gartman VIII. INTRODUCTION OF NEW BUSINESS A. . Resolution of the City Council of the City of Gilroy Submitting an Application to the Metropolitan Transportation Commission (MTC) for Federal Stimulus Funding for Sidewalk Rehabilitation in the Amount of Approximately $638,400.00 and Authorization to the City Administrator to Execute all Agreements, and Appropriation of $75,000 for Design Services by Hexagon Transportation Consultants The Staff report was presented by Transporation Engineer Dey. There were no public comments. Motion on Item VIII.A. M.otion: Approve Resolution 2009-05 Submitting an Application to the Metropolitan Transportation Commission (MTC) for Federal Stimulus Funding for Sidewalk Rehabilitation in the Amount of Approximately $638,400.00 and Authorization to the City Administrator to Execute all Agreements Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. 9032 Yes: Council Member Peter Arellano,M.D.; Council Member Cat Tucker; Council Member Bob Dillon; Mayor AI Pinheiro; Council Member Dion Bracco; Council Member Perry Woodward; Council Member Craig Gartman Second Motion on Item VIII.A. Motion: Approve Appropriation of $75,000 to Hexagon Transportation Consultants for Design Services 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 Cat Tucker; Council Member Bob Dillon; Mayor AI Pinheiro; Council Member Dion Bracco; Council Member Perry Woodward; Council Member' Craig Gartman B. Authorize Staff to Develop a South County Region Nation Pollution Discharge Elimination System (NPDES) Permit in Coalition with the County of Santa Clara and the City of Morgan Hill The Staff report was presented by Engineer II Krueger. There were no public comments. Motion on Item VIII.B. Motion: Authorize Staff to Develop a South County Region Nation Pollution Discharge Elimination System (NPDES) Permit in Coalition with the County of Santa Clara and the City of Morgan Hill 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.; Council Member Cat Tucker; Council Member Bob Dillon; Mayor AI Pinheiro; Council Member Dion Bracco; Council Member Perry Woodward; Council Member Craig Gartman C. City of Gilroy Investment Policy and Update on the Treasury The Staff report was presented by Finance Manager Turner. There were no public comments. Motion on Item VIII.C. Motion: Approve the City of Gilroy Investment Policy 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 Cat Tucker; Council Member Bob Dillon; Mayor AI Pinheiro; Council Member Dion Bracco; Council Member Perry Woodward; Council Member Craig Gartman IX. CITY ADMINISTRATOR'S REPORTS There was no report. X. CITY ATTORNEY'S REPORTS There was no report. XI. FUTURE COUNCIL INITIATED AGENDA ITEMS XII. CLOSED SESSION CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNITS Govt. Code section 54957.6, Gilroy City Code Section 17A.8 (5) City Negotiators: Thomas Haglund, City Administrator and LeeAnn McPhillips, 1 I 9053 City Human Resources Director, Charles Sakai, City Legal Counsel Collective Bargaining Units: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters Gilroy Management Association Representing Employees Designated as "Exempt", Excluding Confidential and Council Appointed Employees AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101 Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers Anticipated issues(s) under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: MOU between City of Gilroy and Gilroy Police Officers Association, Inc., MOU Between City of Gilroy and AFSCME, MOU Between City of Gilroy and The Firefighters Local 2805, IAFF Fire Unit; Petition for Representation of the Gilroy Management Association There were no public comments. The Council Adjourned to closed session at 9:13 p.m. 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.and Gilroy Code Section 17 A.13 (a), Public Report of the vote to continue in closed session if required, Gilroy Code Section 17 A.11 (e) Mayor Pinheiro announced that the unions were not interested in opening talks about bumping rights. (press statement attached) XIII. ADJOURNMENT TO THE MEETING OF MARCH 16,2009 I 1HAWNA FREELS, CMC City Clerk