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Minutes 2010/01/25 r City of Gilroy City Council Meetina Minutes January 25. 2010 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance. The Invocation was given by New Hope Community Church. 9153 City Clerk Freels reported that the agenda had been posted on January 20, 2010 at 12:00 p.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 There were no agenda changes. C. Proclamations, Awards and Presentations Mayor Pinheiro read the Award for November 2009 Volunteers of the Month South Valley Community Church. Mayor Pinheiro presented the Award for December 2009 Volunteer of the Month to Danny Martin. 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. Public Art Committee Annual Presentation to Council Chairperson Willard presented the report. C. Presentation of 2009 City of Gilroy Purchase Award Art piece Public Art Committee Vice Chair Faria presented the item. III. REPORTS OF COUNCIL MEMBERS Council Member Woodward announced that he had been appointed to the VT A Administration and Finance Committee as Vice Chair. Council Member Dillon thanked the Mayor for the invitation to the Sister Cities Reception for Angra do Heroismo, Portugal. MAYOR'S REPORT Mayor Pinheiro spoke on the visit of Sister City of Angra do Heroismo, Portugal to Gilroy and reception, and thanked all who attended. He then explained that the representatives had given gifts to the City which were in cases in Chambers lobby. Mayor Pinheiro then spoke on the City of Los Altos grant writing commission suggesting that staff look into the creation of such a commission with a focus on finding grants for the city. A. Appointment of Council Members as 2010 Representatives to Boards and Committees Motion to Approve Appointments Motion: to Appoint Council Members to: ABAG, Gilroy Economic Development Corporation Board, Gilroy Gang Task Force, Gilroy Downtown Business Assoc. Board, Gilroy Street Naming Committee, Gilroy Gardens Board, Gilroy Sister Cities Association, Gilroy School District Accountability Task Force, Gilroy Visitors Bureau, Historical Heritage Committee, LAFCO, PAB County Expressway Advisory Board, Santa Clara County Cities Association Board, Santa Clara County 9154 Emergency Preparedness Council, Santa Clara County Library JPA, Santa Clara County Recycling & Waste Reduction Commission, Santa Clara Valley Water District Uvas/L1agas Committee, Santa Clara Valley Water District Water Committee, Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan Liaison Group, South Santa Clara County Planning Committee, SCRWA, VTA Board of Directors Alternate, VTA South County "MGM Group 4" Moved by Council Member Cat Tucker, 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 IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Gartman suggested agendizing a report presented with the financial reports on the future of CalPERS in the City with regards to retirement. The Council agreed to agendize the item. V. CONSENT CALENDAR A. Minutes of December 30, 2009 Special Meeting B. Minutes of January 11, 2010 Regular Meeting C. Open Recruitment for One (1) Vacated Seat on the Arts and Culture Commission for a with a Term Ending December 31, 2011 Motion on Consent Calendar Items A. B & C Motion: to approve Consent Calendar Items A, B & C Moved by Council Member Perry Woodward, 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 VI. BIDS AND PROPOSALS VII. PUBLIC HEARINGS A. Public Hearing to Hear Public Testimony and to Consider Declaring the Property at 1221 Cypress Ct, Gilroy a Public Nuisance and to Order the City Administrator to Abate Such Nuisance or Cause the Same to be Abated Pursuant to Gilroy City Code Section 5B.23 The staff report was presented by Building Division Manager Abrams. Public hearing was opened. Kelly Blake, resident at 1221 Cypress Court, spoke on the issue explaining that she had a mental disorder called hording and she was seeking therapy for her condition. She explained that she had begun to clean-up the debris and requested additional time to accomplish the abatement. She then offered to provide the mental health advocacy letter describing her condition. -- The public hearing was closed. Motion on Item XI.A. Motion: to Adopt Resolution 2010-04 of the City Council of the City of Gilroy Ordering the City Administrator to Abate or Cause to be Abated the Blight 1 9155 Conditions Which Constitute a Public Nuisance Specified by Resolution No. 2010- 03, with the City abatement process to begin after 30 days 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 VIII. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Adding a New Article VII, Section 13.65, Entitled "Medical Marijuana Dispensary as a Prohibited Use" to the Gilroy City Code, Chapter 13, Entitled "Licenses." Public comment was opened. Bob Cooke, Past President of the Narcotics Officers Association of California, spoke in support of the adoption of the ordinance and shared statistics on the harmful affects of the use of marijuana and costs in the state for substance abuse issues. He then shared the increases in criminal issues surrounding marijuana and spoke on medical fraud issues with prescriptions of medicinal marijuana. Ron Kirkish spoke in support of adopting the ordinance speaking on the ban of medicinal marijuana in the cities of Monterey, Pacific Grove and Hollister. Public comment was closed. Motion on Item VIII.A. Motion: to Adopt Ordinance 2010-03 of the City of Gilroy Adding a New Article VII, Section 13.65, Entitled "Medical Marijuana Dispensary as a Prohibited Use" to the Gilroy City Code, Chapter 13, Entitled "Licenses." Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 4-3. 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 B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Section 2A.2 of Chapter 2A of the Gilroy Municipal Code Adding Certain Sections Regulating Adult Businesses and Repealing Section 16.13-1 of the Gilroy Municipal Code The staff report was presented by City Administrator Haglund. There were no public comments. First Motion on Item VIII.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance 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 Second Motion on Item VIII.B. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending Section 2A.2 of Chapter 2A of the Gilroy Municipal Code Adding Certain 9156 Sections Regulating Adult Businesses and Repealing Section 16.13-1 of the Gilroy Municipal Code, with an amendment to 2A.3 (a) to change the distance to 1000 feet of any residential zone or religious institution Moved by Council Member Cat Tucker, 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 IX. INTRODUCTION OF NEW BUSINESS A. Removal of Condition of Approval 1 0 of the Valley Oaks Phase II Homeowners' Association Approved Architectural & Site Review A1S 05-15, Which Requires Installation of Children's Playground Equipment on the Common Area of that Project Public comment was opened. Ms. Robinson of KB Homes spoke on the purchase of the lots and KB Homes support of the Home Owner Association's desire to eliminate the playground requirement to allow for open common space. Public comment was closed. Failed Motion on Item IX. A. Motion: approve no requirement to complete Condition of Approval #10 until there full occupancy had taken place and all home owners were noticed. Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano, M.D.. Vote: Motion failed 3-4. Yes: Council Member Peter Arellano, M.D.; Council Member Craig Gartman; Council Member Perry Woodward No: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro Motion on Item IX.A. Motion: to Direct Staff to Prepare a Resolution Approving the Removal of Condition of Approval 10 from the Approved Architectural & Site Review for A1S 05-15 Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 4-3. 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 City Attorney Callon asked to reopen Item VIII.A. to discuss the ability to devise a system disallowing business from operating within the city, suggesting that she believed staff would need to research the case law and the zoning ordinance as the changes made as introduced were more restrictive. After discussion, the Council did not reopen the item. B. CalPERS Retirement and GASB 45 Actuarial Analysis John Bartel of Bartel and Associates presented the report to Council. Public comment was opened. Susan Vallenta of the Gilroy Chamber of Commerce spoke on her investment portfolio losses, stating that she believed the Council should look at the unfunded liability when going into labor negotiations. 9157 Public comment was closed. C. Gilroy Management Association (GMA) Memorandum of Understanding (MOU) The staff report was presented by Human Resources Director McPhillips. Motion on Item IX.C Motion: approve Motion to Approve Gilroy Management Association (GMA) Memorandum of Understanding. Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D.. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Mayor AI Pinheiro No: Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward D. Gilroy City Code Update Regarding Dangerous Dogs The staff report was presented by Police Chief Turner. Public comment was opened. Alan Stofford spoke in support of the ordinance and encouraged the Council to put it into effect. Yvonne Hyatt spoke in support of the ordinance adoption and shared stories of deaths and injuries of people and animals that had been mauled by pit bulls. She asked the Council to keep others from becoming victims and encouraged the Council to adopt the ordinance. Christine Bowman spoke in support of the adoption of the ordinance sharing her concerns with loose dogs throughout the City. Darlene Miller spoke in support of the adoption of the ordinance sharing the attack of her dog by two other dogs. Public comment was closed. Motion to continue the meetina after 11 :00 p.m. The Council voted to continue the meeting past the 11 :00 p.m. end time with a 7-0 vote. The Council provided direction to staff to amend the ordinance for the addition of mandatory spay/neutering of pit bulls, and to use the San Francisco ordinance as a model. E. Proposed Changes to the Animal Control Program The staff report was presented by Police Chief Turner. The Council provided direction to staff and asked that the item and contract return to them for final approval. F. Amendment of VT A Joint Powers Agreement to the Santa Clara County Congestion Management Program The staff report was presented by Traffic Engineer Dey. Motion on Item IX.F. Motion: to Approve Amendment of the VTA Joint Powers Agreement to the Santa Clara County Congestion Management Program 9158 Moved by Council Member Cat Tucker, 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 There were no public comments. X. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund announcement that the temporary Library opening date had been moved to Feb 2ih. He then explained that a Federal Stimulus item would be coming before Council the following week. XI. CITY ATTORNEY'S REPORTS XII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation against the City of Gilroy: Closed session pursuant to Government Code section 54956.9(b)(3)(C) and Gilroy City Code section 17A.11(c)(2); Original Claim of Golden Bay Construction, Inc. Against City of Gilroy: Rejected by City Council on March 3, 2008 City Attorney Callon explained that the Council would be convening into Closed Session on Item XII.A.to allow her to provide the Council with the status of negotiations and to receive Council direction to move forward. There were no public comments. Motion to Adiourn to Closed Session on Item XII.. Motion: Motion to Adjourn to Closed Session on Item XII.A. 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 ~"'*"" XIII. ADJOURNMENT at 11 :50 p.m.