Minutes 2010/08/02
I. OPENING
City of Gilroy
City Council Meetina Minutes
Auaust2.2010
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:00 p.m. and led the pledge of
allegiance.
The Invocation was given by Associate Pastor Bill Hawkins of New Hope Community
Church.
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City Clerk Freels stated that the agenda had been posted on July 28, 2010 at 11 :30
a.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
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Mayor Pinheiro explained that the City Clerk had asked the Council to remove Item
V.B., the minutes of July 19th, from the agenda.
Mayor Pro Tempore Bracco asked to pull item V.F from the consent calendar.
Motion on Orders of the Day
Motion: to remove item V.B from the agenda, and V. F. from the consent calendar.
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
C. Proclamations, Awards and Presentations
Mayor Pinheiro presented a proclamation recognizing Achieve Kids 50 Years of
Service.
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
Recreation Manager Deleon shared the new recreation guide recently mailed out to all
households in the community.
B. Annual Presentation by Gilroy Visitor's Bureau
Jane Howard, Director of the Gilroy Visitor's Bureau, presented the annual report.
Barbara Granter, Chair of the Visitor's Bureau, spoke on the successes of the Visitor's
Bureau.
III. REPORTS OF COUNCIL MEMBER'S
Council Member Gartman thanked staff for setting up the video conferencing system to
allow him to participate in the previous meeting.
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Pinheiro shared a letter sent to him by Thomas Muniz, Chairman of the Bicycle
Pedestrian Commission, requesting Council support of the Bicycle Pedestrian
Commission's initiatives. He then asked the Council to review the letter, stating that he
would have the item agendized as a Future Agenda Item at the next meeting.
Council Member Bracco explained that he had been speaking with the City Clerk
regarding use of an iPad for agenda packets and suggested agendizing an item on the
use of electronic devises at Council meetings.
The Council agreed to agendize the item.
Council Member Arellano asked to agendize an item on changing roll call votes from
alphabetic order to a rotational order.
There was a discussion regarding the Charter provision regarding roll call vote in
alphabetic order.
Council Member Arellano rescinded his request and then spoke on the California low
Cost Insurance Program, asking if information on the program could be placed on the
city website.
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V. CONSENT CALENDAR
A. Minutes of July 8, 2010 Special City Council Meeting
C. Resolution 2010-38 of the City Council of the City of Gilroy Authorizing the
Release of Unclaimed Checks to the City of Gilroy in the Amount of $616.66,
Pursuant to California Code Section 50053
D. Resolution 2010-39 of the City Council of the City of Gilroy Authorizing the
Release of Unclaimed Checks to the City of Gilroy in the Amount of $47.14,
Pursuant to California Code Section 50055
E. Resolution 2010-40 of the City Council of the City of Gilroy Supporting
Proposition 22, The Local Taxpayer, Public Safety and Transportation
Protection Act of 2010
H. Claim of Angela Basile and Gilroy Unified School District (City Administrator
Recommends a "yes" vote under the Consent Calendar shall constitute the denial of
the claims)
Motion on Consent Calendar Items A. C. D. E. H
Motion: to Approve Consent Calendar Items A, C, 0, E, H
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
B. Minutes of July 19, 2010 Regular City Council Meeting
The item was removed from the agenda during orders of the day.
F. Approval of Budget Amendments and Transfers
Motion on Item V.F.
Motion: Approval of Budget Amendments and Transfers
Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker.
Vote: Motion carried 5-2.
Yes: Council Member Peter Arellano, M.D.; 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
G. Approval of the Surplus of 150 Tons of Rocks Located on the City Owned
Gilroy Gardens Property to Provide to the Non-profit Operator, Gilroy Gardens
Family Theme Park, Inc., for Use as Payment for Services Rendered by Michael
Bonfante for Improvements to the Gilroy Gardens Facility
Public comment was opened.
Barbara Granter of Gilroy Gardens spoke on the request and services to be provided by
Mr. Bonfante at Gilroy Gardens.
Public comment was closed.
Motion on Item V.G.
Motion: to bring the item back with additional information on the value of the
rocks, and details of the improvements to be made at the park.
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
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Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
VI. BIDS AND PROPOSALS
A. Award of 2010 Urban Water Management Plan Update Consultant Services to
Akel Engineering Group Inc., in the Amount of $34,480.00, and Authorization to
the City Administrator to Execute Related Documents
The staff report was presented by Operations Manager Stubchaer.
Public comment was opened; there being no comments it was closed.
Motion on Item VI.A.
Motion: to Approve Consultant Award to Akel Engineering Group Inc., in
the Amount of $34,480.00, and Authorization to the City Administrator to Execute
Documents
Moved by Council Member Bob Dillon, 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. Award of San Ysidro Park Recreation Building Remodel, Accessibility and Site
Improvements Design Contract to Hemingway/Stock, Inc. in the Amount of Not
to Exceed $50,955.00, and Authorization to the City Administrator to Execute
Related Documents
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item VI.B.
Motion: to put the item off to a study session until all information is available.
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-1.
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
No: Council Member Peter Arellano, M.D.
C. Award of Contract for the Testing and Special Inspections Services for the New
Library Project Phase 2 Construction to Smith Emery Company in the Amount
of $92,225.00 and Authorization to the City Administrator to Execute Related
Documents
There were no public comments.
Motion on Item VI.C.
Motion: to Approve Award to Smith Emery Company in the Amount of $92,225.00
and Authorization to the City Administrator to Execute Related Documents
Moved by Council Member Cat Tucker, 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 Bob Dillon; Council Member Craig Gartman; Council Member Cat
Tucker; Mayor AI Pinheiro
Absent: Council Member Perry Woodward
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VII. PUBLIC HEARINGS
A. Public Hearing on Report of Assessment Liens for Weeds and Refuse
Abatement
The staff report was presented by Fire Marshall Bretschneider.
The public hearing was opened.
Dan Crumrine spoke on recent removal of weeds from a property stating that the church
had been billed by the county for abatement of the property, but he had done the
majority of the work himself.
Craig Chew explained that he had abated his own property, and there had been no
inspection of his property at the deadline of May 3rd.
Adam Jaso spoke on behalf of his mother who had received a notice stating that her
property had been abated prior to the deadline, and the county was charging an
administrative fee, but had not done any of the abatement.
Robert Issarhani stated that he had abated his own property by the May 3rd deadline,
but was still being charged fees, explaining that the guidelines established by Santa
Clara County had not been shared with the property owners.
Moe Kumre of Santa Clara County Department of Agriculture spoke on weed abatement
and the county inspection processes, and shared the city's previous practices with
regards to weed abatement.
Ron Kirkish asked for the criteria for weed abatement asking if there were specific
guidelines provided to property owners to inform them on the abatement.
The public hearing was closed.
Motion on Item VI loA.
Motion: to Adopt Resolution 2010-41 of the City Council of the City of Gilroy
Confirming the Report of the Fire Department Chief Setting Forth the Description
of Property, Naming the Owners Thereof, and the Costs of Abating the Nuisance
Caused by the Growing of Weeds and Accumulation of Refuse on Said Property,
and Providing that Such Costs Shall Constitute Assessments Against the Land
for all properties listed except for certain properties listed as #"S: 3, 7,18, 21, 39,
61,70.
Moved by Council Member Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 5-2.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council
Member Craig Gartman; Council Member Cat Tucker; Council Member Perry
Woodward
No: Council Member Peter Arellano, M.D.; Mayor AI Pinheiro
B. Public Hearing on Report of Assessment Lien for a Property Located at 1221
Cypress Court, Gilroy for the Non-payment of Charges for Public Nuisance
Abatement
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The staff report was presented by Development Center Manager Abrams.
The public hearing was opened, and there being no comment the hearing was closed.
Motion on Item VII.B.
Motion: to Adopt Resolution 2010-42 of the City Council of the City of Gilroy
Confirming the Report of the city Administrator Setting Forth the Description of
Property, the Owners Thereof, and the Cost of Abating the Residential Property
Blight Conditions Which Constitute a Nuisance Pursuant to Resolution No. 2010
04, and Providing that Such Costs Shall Constitute an Assessment Against the
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Land
Moved by Council Member Bob Dillon, 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 Bob Dillon; Council Member Cat Tucker; Council
Member Perry Woodward; Mayor AI Pinheiro
Absent: Council Member Craig Gartman
VIII. UNFINISHED BUSINESS
A. Cultural Arts Center Demonstration Garden Fence Request
The staff report was presented by Development Center Manager Abrams.
Public comment was opened.
Gary Walton spoke on the benefits of the community garden in the downtown and
spoke in support of having fencing around the property.
Judy Hess spoke on the benefits of the garden explaining that the garden had become
a creation of community. She then spoke on the creation of a live fence and the benefits
of protecting the garden.
There were no further public comments.
Motion on Item VIII.A.
Motion: Approval of the creation of the live fence.
Moved by Council Member Craig Gartman, 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
The Council then asked that the City Administrator to report back on the details of the
sidewalk issues near the garden.
B. Introduction of An Ordinance of the City Council of the City of Gilroy Amending
the Gilroy City Code, Article VI Entitled "Seismic Safety", Section 6.45
Extending the Deadline to Complete Mitigation Program for Unreinforced
Masonry Buildings and the Imposition of Penalties to December 31,2010
Council Member Gartman recused himself from deliberations on the item stating that he
rented a property in proximity to the area; he then left the dais.
The staff report was presented by Development Center Manager Abrams.
Richard Spitler of the Gilroy Economic Development Corporation (EDC) spoke in
support of the ordinance stating that the committee was going in the right direction to
help support the downtown property owners to achieve the necessary retrofit.
Gary Walton spoke on his discussions with an engineer regarding one building in the
downtown area in need of retrofitting, sharing future changes in state code and the need
to move forward with retrofitting the URM buildings stating that it should be a priority.
Public comment was closed.
Motion on Item VIII.B.
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Council Member Bob Dillon, seconded by Council Member Peter
Arellano, M.D.
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Vote: Motion carried 6-0-1.
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
Absent: Council Member Craig Gartman
City Clerk Freels read the ordinance title.
Second Motion on Item VIII.B.
Motion: Introduction of an Ordinance of the City Council of the City of Gilroy
Amending the Gilroy City Code, Article VI Entitled "Seismic Safety", Section 6.45
Extending the Deadline to Complete Mitigation Program for Unreinforced
Masonry Buildings and the Imposition of Penalties to December 31, 2010
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 Cat Tucker; Council
Member Perry Woodward; Mayor AI Pinheiro
Absent: Council Member Craig Gartman
C. A Resolution of the City Council of the City of Gilroy Approving ROO HE 10-03,
An Application for a Shovel-ready Project Exemption From the Residential
Development Ordinance, The James Group, APN 790-07-001, The James Group
c/o James Suner, Applicant
Council Member Arellano recused himself from voting on the item, explaining that he
was not in attendance at the previous meeting, and had not reviewed the video.
Motion on Item VIII.C.
Motion: to Adopt Resolution 2010-43 of the City Council of the City of Gilroy
Approving ROO HE 10-03, An Application for a Shovel-ready Project Exemption
From the Residential Development Ordinance, The James Group, APN 790-07-001
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-0-1.
Yes: 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
Abstain: Council Member Peter Arellano
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IX. INTRODUCTION OF NEW BUSINESS
A. Review of First Floor Office Uses in the Downtown Historic District
The Council took a 5 minute break at 9:10 p.m.
The Council reconvened at 9:15 p.m.
Council Member Gartman recused himself from deliberating on the item explaining that
he rented property in the down town area; he then left the Council Chambers.
The staff report was presented by Planner II Durkin.
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Public comment was opened.
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Gary Walton spoke on the specific plan process explaining that the suggestion to
change the current guideline was tempting, due to the economic times, but there were
issues with regards to parking. He shared a recent survey he had conducted stating that
there were plenty of office space available in the downtown area and long term
consequences could take place if additional offices were allowed.
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Richard Spitler of the EDC spoke in favor of the change of policy, stating that the
benefits of the administrative process were favorable, and explaining that setting
spacing between buildings to separate the office uses in the downtown area was
common in other cities.
Public comment was closed.
Failed Motion on Item IX.A.
Motion: to Continue with current policy.
Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano,
M.D.
Vote: Motion failed 3-3-1.
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor AI
Pinheiro
No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Council Member
Perry Woodward
Absent: Council Member Craig Gartman
Motion on Item IX.A.
Motion: Temporarily eliminate CUP requirements for 3 years, allowing office uses
as a permitted use.
Moved by Council Member Perry Woodward, seconded by Mayor AI Pinheiro.
Vote: Motion carried 4-2-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council
Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Peter Arellano, M.D.; Council Member Cat Tucker
Absent: Council Member Craig Gartman
City Attorney Callon explained that staff would return with an ordinance amendment to
achieve the changes. .
Council Member Gartman returned to the dais.
B. Acceptance of 2010/2011 Office of Traffic Safety Grant Funding Award in the
Amount of $200,000.00 for Selective Traffic Enforcement Program
The staff report was presented by Sergeant Jim Gillio.
There were no public comments.
Motion on Item IX.B.
Motion: to Approve Acceptance of the 2010/2011 Office of Traffic Safety Grant
Award in the Amount of $200,000.00 for Selective Traffic Enforcement Program,
and Authorization to the City Administrator to Execute Related Documents
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
C. Uvas Creek Trail/Lions Creek Trail Projects Construction Design
The staff report was presented by Traffic Engineer Dey.
There were no public comments.
Motion on Item IX.C.
Motion: to Approve the Mitigated Negative Declaration, Finding that it: (a) has
been Completed in Compliance with CEQA;(b) reflects the Independent Judgment
of the City; and, (c) there is no Substantial Evidence that the Project will have a
Significant Effect on the Environment
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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
Second Motion on Item IX.C.
Motion: to Approve the Construction Design for the Uvas Creek Trail Project and
the Lions Creek Trail Project with the adoption of the mitigation monitoring
program.
Moved by Council Member Cat Tucker, seconded by Council Member Craig
Gartman.
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. Selection of Voting Delegate and Alternate for the League of California Cities
Annual Conference, September 15-17,2010
There were no public comments.
Motion on Item IX.D.
Motion: to Approve the Selection of Mayor Pinheiro as the Voting Delegate a for
the League of California Cities Annual Conference, September 15-17,2010
Moved by Council Member Perry Woodward, seconded by Council Member Craig
Gartman.
Vote: Motion carried 7-0.
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; Council Member Craig Gartman
E. Recommendations for the City Owned Youth Center Site Located at 7400
Railroad Street, Gilroy
The staff report was presented by Development Center Manager Abrams.
Public comment was opened.
Gary Walton spoke in support of preserving the building, stating that demolition should
be the last resort. He then shared the benefits of the unique architectural history of older
buildings in the City.
Public comment was closed.
Motion on Item IX.E.
Motion: to Direct Staff to Sell the Property Located at 7400 Railroad Street, and
Use the Proceeds of the Sale for the Expansion of the San Ysidro Youth Center
Site,
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
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X. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund spoke on the study session on the San Ysidro Recreation
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Site, suggesting that additional information be provided. He then stated that he would
be taking vacation August 20th to August 30th.
XI. CITY ATTORNEY'S REPORTS
XII. CLOSED SESSION; 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,
Scot Smithee, Police Captain
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.
The Council adjourned to Closed Session at 1 0:40 p.~;,
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SHAWNA FREELS, CMC
City Clerk