Loading...
Minutes 2010/10/04 City of Gilroy City Council Meetina Minutes October 4.2010 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 8:10 p.m. and led the pledge of allegiance. The Invocation was given by Mark Turner, Pastor of South Valley Community Church. City Clerk Freels announced that the agenda had been posted on September 29, 2010 at 2:30 p.m. 9264 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 a Proclamation Honoring Gilroy Sister City Takko Machi for the 25th Garlic and Beef Festival the Week of October 2,2010 Mayor Pinheiro read a Proclamation Celebrating "National Immigrant's Day" Thursday, October 28, 2010. Mayor Pinheiro presented a Proclamation to Gilroy Rotary and Gilroy Sunrise Rotary Naming October 24,2010 as "World Polio Day". 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 Joe Mardevich spoke on a communication he had sent to the Council and subsequent police action, explaining that a group home in his neighborhood was a continuing issue that needed to be addressed. III. REPORTS OF COUNCIL MEMBERS - MAYOR'S REPORT Mayor Pinheiro announced a public candidate's forum for Gilroy City Council and Gavilan College Trustees candidate's to be held on October 7,2010 at 4:00 p.m. at Gavilan College. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS ~ CONSENT CALENDAR A. Minutes of September 13, 2010 Regular City Council Meeting B. Minutes of September 20, 2010 Regular City Council Meeting C. Open Recruitment for 1 Vacant Seat on the Public Art Committee D. Claim of Analila & Jacob Alvarez (City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) E. Claim of Christopher Clark (City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) ..... Motion on the Consent Calendar Motion: to approve the consent calendar. Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 6-0-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro 1 9265 Absent: Council Member Bob Dillon VI. BIDS AND PROPOSALS There were none. VII. PUBLIC HEARINGS There were none. VIII. UNFINISHED BUSINESS A. A Resolution of the City Council of the City of Gilroy Approving a Reinstatement of the Residential Development Ordinance Performance Agreements for RD 99-15, 'RD 99-16, RD 01-16 and RD 01-22 for the Rancho Hills and Deer Park Project There were no public comments. Motion on Item VIII.A. Motion: to Adopt Resolution 2010-49 of the City Council of the City of Gilroy Reinstating the Residential Development Ordinance Performance Agreements for RD 99-15, RD 99-16, RD 01-16 and RD 01-22 for the Rancho Hills and Deer Park Projects Moved by Council Member Cat Tucker, 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 B. A Resolution of the City Council of the City of Gilroy Approving A1S-PUD 10-11, an Application for Architectural and Site Approval of a 4.35-Acre 29-Lot Subdivision on Ronan Avenue, APN 790-16-231, and Repealing Resolution No. 2010-31 There were no public comments. Motion on Item VIII.B. Motion: to Adopt Resolution 2010-50 of the City Council of the City of Gilroy Approving A1S-PUD 10-11, an Application for Architectural and Site Approval of a 4.35-Acre 29-Lot Subdivision on Ronan Avenue, APN 790-16-231, and Repealing Resolution No. 2010-31 Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 4-3. Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry' Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker C. A Resolution of the City Council of the City of Gilroy Approving the Transfer of 26 Units From the ROO Senior Affordable Housing Exemption Category to the ROO Affordable Housing Exemption Category There were no public comments. Motion on Item VIII.C. Motion: to adopt Resolution 2010-51 of the City Council of the City of Gilroy Approving the Transfer of 26 Units From the ROO Senior Affordable Housing Exception Category to the ROO Affordable Housing Exemption Category Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. 9266 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 D. A Resolution of the city Council of the City of Gilroy Approving Application AHE 10-02 For an Affordable Housing Exemption From the Residential Development Ordinance to Allocate 26 Residential Apartment Units on a Property Located at 9389 Monterey Road, APN 790-07-28 There were no public comments. Motion on Item VIII.D. M~tion: to Adopt Resolution 2010-52 of the city Council of the City of Gilroy Approving Application AHE 10-02 For an Affordable Housing Exemption From the Residential Development Ordinance to Allocate 26 Residential Apartment Units on a Property Located at 9389 Monterey Road, APN 790-07-28 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 E. A Resolution of the City Council of the City of Gilroy Approving AS-PUD 10-04, an Application For Architectural and Site Approval of a 26 Unit Apartment Project Located at 9389 Monterey Road, APN 790-07-28 There were no public comments. - Motion on Item VIII.E Motion: to Adopt Resolution 2010-53 of the City Council of the City of Gilroy Approving AS-PUD 10-04, an Application For Architectural and Site Approval of a 26 Unit Apartment Project Located at 9389 Monterey Road, APN 790-07-28 Moved by Council Member Perry Woodward, 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 IX. INTRODUCTION OF NEW BUSINESS A. Neighborhood Traffic Safety Program - Phase 2 Engineering; Welburn Avenue Neighborhood Traffic Diversion Project The staff report was presented by Development Center Manager Abrams. Public comment was opened. ......... Ruben Ynzunza explained that people were running the new stop sign that had recently been put in and then explained that city staff had stated that there would be no significant impacts on Sixth Street when the Sixth Street bridge went in, but here had been a very significant increase in traffic. Tony Taylor spoke on the process of addressing the traffic problems in the neighborhood was too slow. Irene Ynzunza spoke on the speed of vehicles on Welburn stating that someone would 9267 likely get hurt if the traffic issues were not addressed. Emma Martinez stated that she had difficulty getting out of her driveway as vehicles would not stop to allow her to get out. Nora Gutierrez stated that the traffic did not slow down on Welburn, explaining that she had a car run into the front yard of her home while speeding. Tim Gavin shared a handout with the Council and spoke on the need for traffic calming on Welburn. He then explained that putting in more stop signs only encouraged people to run them and spoke on a former barricade on Wren and Welburn. Public comment was closed. Motion on Item IX.A. Motion: Direction to staff to conduct community outreach regarding the City putting in temporary stop signs at the intersection at La Alondra and traffic calming rumble strips on Welburn to be completed by the end of November; and that nothing is to be installed before final approval by Council on November 15th. Moved by Council Member Craig Gartman, seconded by Council Member Cat Tucker. Vote: Motion carried 4-3. Yes: Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Perry Woodward B. Support of Senate Bill 83 - Measure B - Local Transportation Investment Fund The staff report was presented by Development Center Manager Abrams. There were no public comments. Failed Motion on Item IXB. Motion: approve Motion to Direct the City Administrator to Send a Letter of Support of Measure B to the Santa Clara Valley Transportation Authority Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion failed 2-5. Yes: Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker C. Approval of Award of 2009 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the Amount of $2,343,297.00 to Fund the Rehiring of (6) Six Firefighter Positions The staff report was presented by Fire Chief Foster. Public comment was opened. Jim Buessing spoke in support of the grant funding explaining that the union understood the grant funding of 2 years. Public comment was closed. Motion on Item IX.C. Motion: to Approve the 2009 SAFER Grant Award in the Amount of $2,343,297.00 to Fund the Rehiring of (6) Six Firefighter Positions with the understanding of 2 years of limited term employment. Moved by Council Member Craig Gartman, seconded by Council Member Bob Dillon. Vote: Motion carried 7-0. 9268 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 ADJOURNMENT TO THE MEETING OF THE BOARD OF DIRECTORS OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF GILROY Motion to adiourn to the meetinQ of the Community Development AQency Motion: approve to adjourn to Board of Directors of the Community Development Agency 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 A. Adoption of a Resolution of the Board of Directors of the Community Development Agency of the City of Gilroy Approving an Updated Conflict of Interest Code The staff report was presented by City Clerk Freels. There were no public comments. Motion on Community Development AQency Item A. Motion: to Adopt Resolution 2010-01 of the Board of Directors of the Community Development Agency of the City of Gilroy Approving an Updated Conflict of Interest Code 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 Motion to Adiourn to the meetinQ of the Gilroy City Council Motion: to adjourn to the meeting of the Gilroy City Council 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 IX. INTRODUCTION OF NEW BUSINESS D. 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 There were no public comments. Motion on Item IX.D. Motion: to Adopt Resolution 2010-54 of the City Council of the City of Gilroy Approving a Conflict of Interest Code for the Community Development Agency of the City of Gilroy 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 - E. Adoption of a Resolution of the City Council of the City of Gilroy Approving 9269 the City of Gilroy Biennial Review of the City Conflict of Interest Code There were no public comments. Motion on Item IX.E. Motion: to Adopt Resolution 2010-55 of the City Council of the City of Gilroy Approving the City of Gilroy Biennial Review of the City Conflict of Interest Code 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 X. CITY ADMINISTRATOR'S REPORTS Council Member Gartman asked the City Administrator to follow-up on the issue of political signing in violation of the city zoning code. XI. CITY ATTORNEY'S REPORTS XII. ADJOURNMENT TO THE MEETING OF OCTOBER 18, 2010 The Council adjourned at 10:33 p.m.