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Minutes 2010/09/20 9257 City of Gilroy City Council MeetinQ Minutes September 20. 2010 ;:,~ OPENING ': I ., . "' ,. 'A. Call to Order ; M~yor Pinheiro called the regular meeting to order at 7: 10 p.m. and led the pledge of )\lle€Ji~I;l~~. ~itYCI~rkFreels reported that the agenda had been posted on September 15, 2010 at g:30 p.m, Ron Call ,p~,,:s~rit;1 ,CouncUMember Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco;" ~o,un,cil Member Bob Dillonj Council Member Craig Gartman; Council Member Cat TruckerjCouncil Member Perry Woodward; Mayor AI Pinheiro ~. Qrd~r. of the Day There were no agenda changes. ~. Orders of the Day Mayor Pinheiro moved the proclamation presentation further on the agenda following presentations to Council. !~. PRESENTATIONS TO COUNCIL A. ,PU~I.:.IC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGE~DA, BUT WIHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL There were no public comments. ~. PhV~,~cally Challenged Board of Appeals Annual Presentation to Council Thepr~sentation was given by Sue Rodriguez of the Physically Challenged Board of A;ppeals. C. Proclamations, Awards and Presentations ,fylayorA,lnheiro presented the Proclamation Naming September 17-23, 2010 :Constitut.ion Week. i " ~, " I ;' ., , , Mayor Pi'nheiro pres~nted the Proclamation Naming October 3-9, 2010 as Fire F?rev~tltion Week UI. FilEPORTS.OF COUNCIL MEMBERS I ~" : I ' " ' , . Mayor Pinheiro reported that he had attended the League of California Ci~i~s annual . ,~onfen;mqe in San Diego the previous week explaining that a number of cities were stili Istrll~l9ljng with the same budget issues that Gilroy had gone through. He then shared highIi90~~of the event. ,IV. FUtURE COUNCIL INITIATED AGENDA ITEMS ! : ~ ',:, ; ,', " ; ,;, :: :Council Member Woodward suggested that a City Attorney conflict of interest pOli?y be i~evelopepl sharing information from the City Charter on the appointment of the City :Attorney by the Council. 'ithe Goqncil agreed to agendize the item. i;I'I. I 9258 V.CONSENTCALENDAR A. A Resolution 2010-47 of the City Council of the City of Gilroy Adopting a New Street name for Part of the Street Currently Named Gilman Road The staff report was presented by City Administrator Haglund. Motion on Item V.A. Motion: adopt Resolution 2010-47 taking Sixth Street to Camino Arroyo and Gilman East to the City limits. 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 B. Approval of 2011 City Council Regular Meeting Calendar Motion on Item V.B. Motion: to Approve Consent Calendar Item B 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 ,. VI. BIDS AND PROPOSALS There were none. VII. PUBLIC HEARINGS There were none. VIII. UNFINISHED BUSINESS A. Appointment of Members to the Gilroy Youth Commission, Housing Advisory Board and Bicycle Pedestrian Commission Motion on Item VIII.A. Motion: to Appoint Jessica Cabatingan, Eduardo Garibaldo Regina Hecht, Allison Troini, Tevin Voorhees and Adam Wykott as Members to the Gilroy Youth Commission for 2-year Terms Expiring September 30, 2012, and Tim McCown as Member for a 1-year Term Expiring September 30,2011 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 Second Motion on Item VIII.A. Motion to Appoint Brooke Pletcher as Member to the Unexpired Seat on the Bicycle Pedestrian Commission with a Term Ending December 31, 2013 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.; 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. Discussion Regarding Gilroy's Recently Adopted Revisions to the Dangerous Dog Ordinance, Gilroy City Code Section 4.0, Animals and Fowl The staff report was presented by Police Chief Turner. Public comment was opened. Alan Spofford spoke in support of the new ordinance explaining that it was the irresponsible owners fault that people were attacked, sharing his own experiences with . - , l -......... ] ,9259 Julie Geraci spoke in support of the ordinance explaining that her own dog was killed by a neighbor's pit bull. She then spoke on another incident of a pit bull attack and stated that she was in support of the ordinance. Nancy Hjelmstad spoke in opposition to the ordinance, explaining that the original dangerous dog law already addressed many of the issues that were previously mentioned. She spoke against adopting breed-specific dog laws explaining that a number of cities were adopting non-breed specific dog ordinances. She shared information on dog bite data and asked the Council to consider rescinding the dog specific provisions of the ordinance. Del Richards of the Gavilan Kennel Club spoke on his discussions with the Police Chief, sharing a handout with the City Council. He explained that spayed or neutered dogs were disqualified from showing. He explained that breed specific laws impacted the people showing and breeding dogs for show. Doris Knapp explained that there was a provision in the ordinance for show dogs, and then shared her own experiences when attacked by pit bulls. She spoke on the locking r jaws of a pit bull, explaining that the pit bull was bread to attack and seriously injure There were no further public comments Motion on Item VIII.B. Motion: Receive Report Moved by Council Member Perry Woodward, 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 Woodwardj Mayor AI Pinheiro C. Reinstatement of Residential Development Ordinance Performance Agreements for RD 99-15, RD 99-16, RD 01-16 and RD 01-22, Rancho Hills/Deer Park Subdivision, APN's 783-20-055, 783-20-056 and 783-20-058 (c/o John Filice, Glen Loma Corporation) (continued from 9/13/2010) Council Member Tucker announced that she would not be recusing herself from deliberations on the item as she lived outside of the 500' conflict of interest radius. City Attorney Callon explained that there was a professional conflict of interest for her office as they represented the Arcadia Development Company on other matters, explaining that outside counsel Valerie Armento was present to provide legal advice on the items. Legal Counsel Valerie Armento spoke on the separation of the over-arching decision of a tentative map extension automatically extending the residential development ordinance performance agreement from the specific project in question. The staff report was presented by Planner II Durkin. Motion on Item VIII.C. Motion: to continue action item 3 to a future date. 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 Public comment was opened. Brad Durga with Arcadia Development Company stated that he could not give an exact date for the construction, and did believe it would be moved along by the end of the year. He then spoke on the second part of the final map process. 9260 John Filice of Glen Loma spoke on the final map process of the Residential Development Ordinance (RDO) explaining that there was no surge in home sa,les expected. He spoke on the problems with the City's policy explaining that the final map covered all of the tentative maps inclusively. There were no further public comments. Second Motion on Item VIII.C. Motion: to Direct Staff to Prepare a Resolution Approving a Reinstatement of the Residential Development Ordinance Performance Agreements for RD 99-15, RD 99-16, RD 01-16 and RD 01-22. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. 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 Council Member Arellano explained that he had not had discussions with the developer," and had made his decisions based on the staff material and discussions during the meeting. D. Property Improvement Agreement No. 2010-02, Landscape Improvement & Maintenance Agreement, and Final Map for Tract No. 9966 Deer Park III, John M. Filice Family Trust and Lewis, Dick, & Brunson, LLC; APN's 183-20-055 and 783-20-056 (continued from 9/13/2010) There were no public comments. Motion on Item VIII.D. Motion: to Approve Property Improvement Agreement No. 2010-02, Landscape Improvement & Maintenance Agreement, and Final Map for Tract No. 9966 Deer Park III, APN's 783-20-055 and 783-20-056 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 IX. INTRODUCTION OF NEW BUSINESS A. Affordable Housing Exemption Request to Allocate 26 Residential Units on a Property Located at 9389 Monterey Road, South County Housing (c/o Andy Leif, Applicant) AHE 10-02 The staff report was presented by Senior Planner Ketchum. Applicant Andy Leif spoke on the ownership of the project. Council Member Woodward recused himself from deliberations on the items, explaining that his firm represented EHC Life Builders, who had title to the property. He then left the Council Chambers. Public comment was opened. Andy Leif of South County Housing spoke on the application sharing the collaborative efforts of the Department of Mental Health, Community Solutions and Saint Joseph's. He spoke on the funding sources for the project and shared the environmentally sustainable design, and amenities at the project. He then spoke on the tenant selection process, and management of the project by South County Housing. David Cases of St. Joseph's Family Center spoke on the needs of the community and the needs to be met through the development of the project, sharing the "street team" members who would benefit from the project and the goal of creating contributing members to the community. Lynn Madgruda of Community Solutions spoke on the goals of the program and staffing at the facility. She then shared the property management and on. call services for residents in the project. Rose Barry spoke in support of the project, sharing her involvement with Community Solutions and explaining that the vision had begun with former Gilroy Mayor Don Gage. Sha.nnon Moody spoke in opposition to the development stating that she was a new home owner in the neighborhood and she along with others in the area did not want the project. She shared the access to liquor stores in proximity to the project as well as concerns with the proximity to a nearby school. Public comment was closed. Motion on Item IX.A. Motion: to Direct Staff to Prepare a Resolution Approving the Transfer of 26 Residential Units from Affordable Senior Housing Exemption to Affordable Housing Exemption Category, or Motion to Deny AHE 10-02 Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 5-1-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Diofl Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Craig Gartman Absent: Council Member Perry Woodward Second Motion on Item IX.A. Motion: to Direct Staff to Prepare a Resolution Approving an Award of 26 Affordable Housing Exemption Category Units on a Property Located at 9389 Monterey Road. South County Housing, AHE 10-02 Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5-1-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Craig Gartman Absent: Council Member Perry Woodward B. Architectural and Site Request to Allow the Construction of 26 Residential Units on a Property Located at 9389 Monterey Road; South County Housing (c/o Andy Leif, Applicant), AS-PUD 10-04 There were no public comments. Motion on Item IX.B. Motion: to Direct Staff to Prepare a Resolution Approving/Modifying, or Motion to Deny AS-PUD 10-04 Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 5-1-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Craig Gartman Absent: Council Member Perry Woodward C. Architectural and Site Request to Allow the Development of a 29 Unit Residential Development Located at Ronan Avenue at the Termini of Brazos and Bosque Streets, KB Homes (c/o Talli Robinson, Applicant), AS 10-11 The staff report was presented by Planner 1\ Durkin. There were no public comments. 9261 !( 9262 Motion on Item IX.C. Motion: to Direct Staff to Prepare a Resolution Approving with inclusion of hydro seeding (condition 16) and exclusion of the park (condition #8), AS 10-11 Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 4-3. Yes: Council Member Bob Dillon; Council Member Craig Gartman; Mayor AI Pinheiro; Council Member Perry Woodward No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker D. Proposed Amendments to Santa Clara County General Plan Policies on Urban Unincorporated Areas The staff report was presented by Interim Planning Director Bischoff. There were no public comments. Motion on Item IX.D. Motion: to Direct the City Administrator to Send a Letter to the County in Opposition to the Proposed Amendments to the Santa Clara County General Plan 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; Mayor AI Pinheiro; Council Member Perry Woodward E. Adoption of A Resolution of the City Council of the City of Gilroy Opposing Proposition 19, the Initiative to Legalize Marijuana in California The staff report was presented by Police Chief Turner. Public comment was opened. Ron Kirkish spoke in opposition to Proposition 19, thanking the Council for their adoption of a resolution in opposition. Public comment was closed. Motion on Item IX.E. Motion: to Adopt Resolution 2010-48 of the City Council of the City of Gilroy Opposing Proposition 19, the Initiative to Legalize Marijuana in California Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5-2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro; Council Member Perry Woodward No: Council Member Peter Arellano, M.D.; Council Member Craig Gartman Motion to continue the meetina after 11 :00 p.m. Motion: to end the meeting after the discussion of Item X.A. Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5-2. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward No: Council Member Cat Tucker; Mayor AI Pinheiro I. Community Development Agency of the City of Gilroy A. Adoption of a Resolution of the Community Development Agency of the City of Gilroy Approving an Updated Conflict of Interest Code The item was not heard. , """""'".... -- 9263 F. Adoption of a Resolution of the City Council of the City of Gilroy Approving an Updated Conflict of Interest Code for the Community Development Agency The item was not heard. G. Adoption of a Resolution of the City Council of the City of Gilroy Approving the of Biennial Review of the City Conflict of Interest Code The item was not heard. XI. ,CITY ATTORNEY'S REPORTS There was no report. X. CITY ADMINISTRATOR'S REPORTS A. Request for Funding of Gilroy Demonstration Garden Fence Public comment was opened , Judy Hess stated that the private grant would be made if the city was to contribute to the fencing There were no further comments. Motion on Item X.A. Motion: Direction to Staff to fund up to $3000 (not to exceed) in matching funds. Moved by Council Member Craig Gartman, seconded by Council Member Perry Woodward. Vote: Motion carried 5-2. Yes: Council Member Peter Arellano, M.D.; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro; Council Member Perry Woodward No: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon XII. ADJOURNMENT TO THE MEETING OF OCTOBER 4, 2010 '\ The meeting adjourned at 11 :12 p.m.