Minutes 2009/12/07
r
City of Gilrov City Council
Reaular Meetina
December 7. 2009
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 7:07 p.m. and led the pledge of
allegiance.
The Invocation was given by Pastor Mark Turner of South Valley Community Church.
City Clerk Freels report that the agenda had been posted on December1, 2009 at 5:30
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 presented a Proclamation Honoring Youth Health Advocates Program
and Proyecto Movimiento.
r
9136
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
Greg Correnti thanked the Council for their actions against MediLeaf stating that it was
a bourdon on a city.
Karin Clements spoke in support of the Council for shutting down MediLeaf, providing
the Council with a petition of support circulated in the City.
B. Annual Presentation of the Bicycle Pedestrian Commission
Chair Thomas Muniz shared the presentation with Council.
III. REPORTS OF COUNCIL MEMBERS
Council Member Woodward shared the VT A south county district logistics for re-
alignment stating that it had been under review and would be ratified by all cities in
2012. He then stated he had been appointed as the south county representative for
2010/2011.
Mayor Pinheiro suggested that the Council cancel the December 21 st meeting and hold
a meeting on the 14th for any business items.
The council agreed.
He then informed the Council that the January goal setting session was going to be
rescheduled as Council Member Gartman could not attend
The council agreed to reschedule the session.
Mayor Pinheiro then stated that the next Mayor's round table event was scheduled for
February 10th similar to the previous round table and asking for Council input, and then
stated that the city needed more applicants for the personnel commission and the HHC.
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Gartman: Review of prior City of Gilroy and Gilroy City Council
actions pertaining to Medileafs applications for a business license and CUP with
the City of Gilroy
Council Member Gartman requested that Council agendize the discussion of the
business license and CUP permit issues associated with the MediLeaf application on
January 18th.
City Attorney Callon suggested the Council not discuss the permitting process specific
to MediLeaf as the City was in litigation with the group.
Public comment was opened.
Eric M..adigan shared a list of registered MediLeaf customers with the Council and then
stated that Enterprise Security Services was providing security for the facility, and then
spoke on the use of a Honeywell optical scanner.
Public comment was closed.
V. CONSENT CALENDAR
A. Minutes of November 16, 2009 Regular Meeting
I
9137
B. Claim of Verizon Wireless (City Administrator recommends a "yes" vote under
the Consent Calendar shall constitute the denial of the claims)
C. Claim of Jose Perez (City Administrator recommends a "yes" vote under the
Consent Calendar shall constitute the denial of the claims)
D. Approval of Design Services with Harley Ellis Deveraux to Provide Additional
Documentation Required for the Library Demolition Contract Plans and
Specifications not to Exceed Fifteen Thousand Dollars ($15,000); and Design
Service Specification Changes for the Construction of the New Gilroy Library in
the Lump Sum Amount of Ten Thousand Dollars ($10,000) Related to the
Building Envelope and Authorization to the City Administrator to Execute Both
Design Service Amendments
E. Acceptance of $8,000.00 from Gilroy Tennis Club for the Resurfacing of Two
Tennis Courts at the Las Animas Veterans Park
F. Resolution 2009-43 of the City Council of the City of Gilroy in Support of the
Local Taxpayer, Public Safety and Transportation Protection Act of 2010
G. Approval of Extension of Agreement with the Housing Trust Fund of Santa
Clara County Regarding a Contribution to the Santa Clara County Housing
Trust Fund to December 31, 2010
Motion on Consent Calendar Items A. B. C. D. E. F and G
Motion: approve consent items A, B, C, 0, E, F and G.
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
VI. BIDS AND PROPOSALS
A. Consideration of a Lease Agreement with the Theater Angels' Art League for
Use of City Property Located at 7341 Monterey Street (Old Salvation Army
Building) and Adjacent Ten (10) City-Owned Parcels, APN's 799-08-043, 44, 45,
46,47,48,49, 50, 51 and 60, for an Initial Term of 3 Years, Commencing on
January 1, 2010
Motion on Item VI.A.
Motion: to Approve Lease Agreement with Theater Angels Art League and
Authorization to the City Administrator to Execute Related Documents
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
VII. PUBLIC HEARINGS - None
VIII. UNFINISHED BUSINESS
A. Approval of Library Construction Management Contract and Related Services
with Nova Partners Inc., of Palo Alto for Construction of the Gilroy Library in
the Amount of One Million Two Hundred Ninety-Nine Thousand Five Hundred
Forty-one Dollars ($1,299,541.00) and Authorization to the City Administrator to
Execute Related Documents
9138
The staff report was presented by City Engineer Smelser.
There were no public comments.
Motion on Item VIII.A.
Motion: to Approve Contract with Nova Partners Inc., of Palo Alto and
Authorization to the City Administrator to Execute Related Documents with staff
recommendations as well as council recommendations.
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion
Bracco.
Vote: Motion carried 6-1.
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
No: Council Member Perry Woodward
IX. INTRODUCTION OF NEW BUSINESS
A. Approval of Housing Affordability Agreement Amendment to Exhibit B, the
Resale Restriction and Option to Purchase Agreement for Alexander Place
Phase at the Cannery Development
Council Member Woodward recused himself, stating that he owned property in the
subject area. He then left the Council chambers.
The staff report was presented by Affordable Housing Consultant Burns-Tobin
Public comment was opened.
Karen Saunders of Alexander Place spoke in support of the item.
Public comment was closed.
Motion on Item IX.A.
Motion: to Approve Housing Affordability Agreement Amendment to Exhibit B,
the Resale Restriction and Option to Purchase Agreement for Alexander Place
Phase at the Cannery Development and Authorization to the City Administrator to
Execute Related Documents
Moved by Council Member Bob Dillon, seconded by Council Member Peter
Arellano, M.D..
Vote: Motion carried 6-0-1.
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
Absent: Council Member Perry Woodward
B. Introduction of an Ordinance of the City of Gilroy Amending Chapter 13, Article
VI, Entitled "Regulation of Massage Establishments and Massage
Practitioners"
The item was presented by Sergeant Kurt Ashley.
-.........
Motion on Item IX.B.
Motion: to Read the Ordinance by Title Only and Waive Further Reading of the
Ordinance INCLUDING the exclusion of manicure and pedicure in section (g) pg.
5
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
r
I
9139
City Clerk Freels read the ordinance by title.
Second Motion on Item IX.B.
Motion: to Introduce an Ordinance of the City of Gilroy Amending Chapter 13,
Article VI, Entitled "Regulation of Massage Establishments and Massage
Practitioners" with changes.
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
C. Update on Animal Control and Dangerous Dogs
The staff report was presented by Chief Turner.
Public comment was opened.
Yvonne Hyatt spoke on the problem with pit bulls in the city and her personal incident
with a pit bull bite. She suggested the need for more animal control officers.
Alan Stofford spoke in favor of stricter dog ordinance provisions.
Patty Kahn spoke on the issues with pit bulls and their natural aggressive behavior
stating that pit bulls should be strictly.
Sharon Pepper spoke on the recent incident with her own dog having been killed by a
pit bull.
Public comment was closed.
Motion on Item IX.C.
Motion: Adopt recommendations of staff with one change to omit microchiping
unless level 1-3 and add the strict liability provision. Vicious attack can be
chasing someone into a house and biting a dog.
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
D. 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
Mayor Pinheiro asked the Council to agendize to a future meeting of January 25th.
Motion to continue to January 25.2010
Motion: approve continue to the January 25,2010 regular meeting.
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
E. Adoption of an Emergency Ordinance of the City Council of the City of Gilroy
Adding a New Article III, Sections 24.38 Through 24.45 to Chapter 24 of the
Gilroy City Code, Which Implements the Provisions of the Digital
Infrastructure and Video Competition Act of 2006, Codified in California Public
9140
Utilities Code Section 5800 Et Seq., Which the City is Required to Administer
and Enforce Throughout the City
The staff report was presented by Public Information Officer Kline.
There were no public comments.
Motion on Item IX.E.
Motion: to Read the Ordinance by Title Only and Waive Further Reading of the
Ordinance
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
City Clerk Freels read the ordinance by title.
Second Motion on Item IX.E.
Motion: to Adopt Emergency Ordinance 2009-06 of the City Council of the City of
Gilroy Adding a New Article III, Sections 24.38 Through 24.45 to Chapter 24 of the
Gilroy City Code, Which Implements the Provisions of the Digital Infrastructure
and Video Competition Act of 2006, Codified in California Public Utilities Code
Section 5800 Et Seq., Which the City is Required to Administer and Enforce
Throughout the City
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 _."~,
F. Introduction of an Ordinance of the City Council of the City of Gilroy Adding a
New Article III, Sections 24.38 Through 24.45 to Chapter 24 of the Gilroy City
Code, Which Implement the Provisions of the Digital Infrastructure and Video
Competition Act of 2006, Codified in California Public Utilities Code Section
5800 Et Seq., Which the City is Required to Administer and Enforce Throughout
the City
Motion on Item IX.F.
Motion: to Read the Ordinance by Title Only and Waive Further Reading of the
Ordinance
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
City Clerk Freels read the ordinance title.
Second Motion on Item IX.F.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Adding
a New Article III, Sections 24.38 Through 24.45 to Chapter 24 of the Gilroy City
Code, Which Implement the Provisions of the Digital Infrastructure and Video
Competition Act of 2006, Codified in California Public Utilities Code Section 5800
Et Seq., Which the City is Required to Administer and Enforce Throughout the
City
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
9141
Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
G. Joint Resolution of the City Council's of the Cities of Gilroy and Morgan Hill in
Support of an Alternate Alignment for High Speed Train (HST) With Gilroy as
the Preferred Station Location and US Highway 101 Through Morgan Hill as
the Preferred HST Alignment in South Santa Clara County
The staff report was presented by Traffic Engineer Dey.
There were no public comments.
Motion on Item IX.G.
Motion: to Adopt Joint Resolution 2009-44 of the City Councils of the Cities of
Gilroy and Morgan Hill in Support of an Alternate Alignment for High Speed Train
(HST) with Gilroy as the Preferred Station Location and US Highway 101 Through
Morgan Hill as the Preferred HST Alignment in South Santa Clara County
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
X. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund shared the staff report on the city environmental
sustainability. He then spoke on a HLS grant for fire personnel and stated that he would
be on vacation December 18th through January 1 st.
XI. City Attorney's Comments
There were none.
XII. Adjournment at 10:42 p.m.
A NA FREELS, CMC
City Clerk