Loading...
Minutes 2010/04/19 r City of Gilroy City Council Meetina Minutes .April19.2010 I. CLOSED SESSION Mayor Pinheiro called the meeting to order at 5:35 p.m. Roll Call 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. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT; Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5) Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Jeff Sloan, City Legal Counsel; Dale Foster, Fire Chief Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: MOU between the City of Gilroy and the Firefighters Local 2805 There were no public comments. Council Member Peter Arellano, M.D. joined the meeting at 5:45 p.m. 9189 Mayor Pinheiro announced that the Council had adjourned the closed session following the study session. The Council then went into study session at 6:00 p.m. Council Member Peter Arellano, M.D. left the meeting at 6:20 p.m. The Council adjourned from study session into closed session at 6:40 p.m. Closed session was adjourned at 6:50 p.m. Reaular Meetina I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 7:00 p.m. The pledge of allegiance led by Boy Scout Pack #789 The Invocation was given by Anne Howkins of the Bahai faith community. City Clerk Freels reported the agenda had been posted on April 14, 2010 at 3:30 p.m. Roll Call Present: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent/Excused: Council Member Peter Arellano, M.D. B. Orders of the Day Mayor Pinheiro announced that the City Council had been in closed session to deliberate on the issue of a resolution related to binding arbitration for the November 2, 2010 ballot, and the following motion had been made: Motion from Closed Session- Item I.A. Motion: to direct staff to meet and confer with IAFF, Local 2805 regarding the repeal of binding arbitration for fire from the City Charter. Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 4-2-1. Yes: Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman Absent: Council Member Peter Arellano, M.D. C. Proclamations, Awards and Presentations Mayor Pinheiro read a proclamation supporting Silver Star Service Banner day Mayor Pinheiro presented a proclamation naming April, 2010 as Organ Donor month I. 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 Julie Alter of Recology South Valley presented the recycler of the year award to Costco. III. REPORTS OF COUNCIL MEMBERS 9190 Council Member Tucker shared the winery passport event success as well as the Gilroy Gardens community appreciation day attendance. MAYOR'S REPORT Mayor Pinheiro announced that he had met with San Benito County Supervisor's Boe and Botelho and Santa Clara County Supervisor Don Gage regarding the 152/156/25 re-alignment and would provide the Council with information on the proposals. He then explained that he and Morgan Hill Mayor Tate and both City Administrators had met with Senator Maldonado and Senator Alquist in Sacramento on the issue of the financial impacts of High Speed Rail to local communities. He then announced that he, Mayor Pro Tempor Bracco, Council Member Tucker, the Chamber, Visitors Bureau and the EDC had met twice on the "Shop Gilroy" program and were formulating ideas which would soon be brought to the full Council. He concluded by explaining that he had asked the City Administrator for information on the requirements for taxis in the City. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. V. CONSENT CALENDAR A. Minutes of March 17, 2010 Special Meeting B. Minutes of April 5, 2010 Regular Meeting C. Open Recruitment for 1 Open Seat on the Physically Challenged Board of Appeals D. Agreement with Drake-Haglan and Associates for Design Services Motion on Consent Calendar Motion: approve consent calendar Items A, B, C and 0 Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 6-0-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D. VI. BIDS AND PROPOSALS There were none. VII. PUBLIC HEARINGS A. Zoning Amendment to Change the Zoning of 4.35 Acres from R1 (Single Family Residential) to R1-PUD (Single Family Residential-Planned Unit Development) for a Property Located on Ronan Avenue at the Termini of Brazo and Bosque Streets; Ronan Avenue Investors, LLC (c/o Michael McDermott) Applicant, Z 09- 04 -'....... The public hearing was opened. Dennis Bacon stated that he had spoken harshly at the previous meeting and apologized to the Council. He then asked that the Council be careful with their actions on the item as their decisions would impact future Council's. The public hearing was closed. 9191 Motion on Item VI loA. Motion: to continue the item to the June 7, 2010 Regular Meeting.Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 6-0-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D. B. Tentative Map Approval to Subdivide 4.35 acres into 32 Residential Lots for a Property Located on Ronan Avenue at the Termini of Brazo and Bosque Streets; Ronan Avenue Investors (c/o Michael McDermott) Applicant, TM 09-04 The public hearing was opened. Dennis Bacon stated that the size of the project site had grown from previous staff reports, asking what the actual size of the lot was. The public hearing was closed. Motion on Item VII.B. Motion: to Continue the item to the June 7, 2010 Regular Meeting Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 6-0-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D. C. Architectural and Site Request to Allow the Development of a 32-unit Residential Development on a Property Located at Ronan Avenue at the Termini of Brazo and Bosque Streets; Ronan Avenue Investors, AS 09-12 The public hearing was opened; there being no comments the public hearing was closed. Motion on Item VII.C. Motion: to continue the item to the June 7, 2010 Regular Meeting Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 6-0-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D. The public hearing was opened; there being no comments the public hearing was closed. D. An Ordinance of the City Council of the City of Gilroy Repealing and Readopting Section 28 of the Gilroy Zoning Ordinance Regulating Adult Businesses The staff report was presented by City Attorney Callon. There were no public comments. Motion on Item VitO. Motion: to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 6-0-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council 9192 Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D. City Clerk Freels read the ordinance title. Second Motion on Item V.II.D. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Repealing and Readopting Section 28 of the Gilroy Zoning Ordinance Regulating Adult Businesses Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 6-0-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D. VIII. UNFINISHED BUSINESS IX. INTRODUCTION OF NEW BUSINESS A. An Ordinance of the City Council of the City of Gilroy Amending Chapter 16, Entitled "Offenses - Miscellaneous" by Amending Section 16.1 Pertaining to Cardrooms Mayor Pinheiro recused himself from deliberations of the item explaining that he provided insurance services for the casino building, and he then left the dais. The staff report was presented by Police Cheif Turner. There were no public comments. _A"~~ Motion on Item IX.A. 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 5-0-2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward Absent: Council Member Peter Arellano, M.D.; Mayor AI Pinheiro City Clerk Freels read the ordinance title. Second Motion on Item IX.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending Chapter 16, Entitled "Offenses - Miscellaneous" by Amending Section 16.1 Pertaining to Cardrooms Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 5-0-2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward Absent: Council Member Peter Arellano, M.D.; Mayor AI Pinheiro ...... Mayor Pinheiro returned to the dais. B. Aggressive Solicitation Ordinance The staff report was presented by Police Chief Turner. 9193 There were no public comments. C. Santa Clara Valley Water District Groundwater Production Charges The staff report was presented by City Engineer Smelser. Public comment was opened. Ron Kirkish spoke on his discussions with the Mayor of the City of Ceres, Anthony Ponelli, regarding wa~er issues Ceres had experienced explaining that a dooms-day event had occurred and the City had to go out to the public for money to re-charge their water, which was a huge impact the citizens of the city. Public comment was closed. Failed Motion on Item IXC. Motion: approve taking a position of protest with regards to the proposed Santa Clara Valley Water District groundwater production charges for Fiscal Year 2010/2011 Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion failed 3-3. Yes: Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward No: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D. D. Web Based Community Promotion Videos The staff report was presented by Public Information Officer Kline. There were no public comments. E. Annual Report of the Open Government Commission The report was presented by Chair Woodward. There were no public comments. x. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on High Speed Rail study session scheduled for May 3rd and shared the date of the downtown wine tour and then explained that the first step of the library demolition would begin the follow day. He shared the date of the extreme youth event planned in May and spoke on the permitting process for taxi cabs. XI. CITY ATTORNEY'S REPORTS City Attorney Callon reported that the City had been paid all of the settlement money for the litigation with WLC Architects. XII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code section 54956.8 and Gilroy City Code section 17A.8 (a) (2) Properties: 7451/7453 Monterey Street, Gilroy, Ca. Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer Under Negotiations: Price and Terms of Payment; B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code section 54956.8 and Gilroy City Code section 17A.8 (a) (2) 9194 Properties: 7350/7360/7370/7380/7390 Dowdy Street, Gilroy, Ca. Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer Under Negotiations: Price and Terms of Payment C. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.8 (5); Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters; City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Dale Foster, Fire Chief Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: MOU between the City of Gilroy and the Firefighters Local 2805 D. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT; Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5); Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Denise Turner, Police Chief; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: MOU Between the City of Gilroy and Gilroy Police Officers Association, Inc. There were no public comments on closed session items XII.A, B, Cor D. Council Member Woodward recused himself from deliberations on items XII.A and XII.S. stating that he owned real property near the subject property locations. The Council adjourned to closed session at 9:15 p.m. Shawna Freels, C City Clerk