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Minutes 2012/10/01City of Gilroy City Council Meeting Minutes October 1, 2012 I. OPENING 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 Pastor Mark Turner of New Hope Community Church. City Clerk Shawna Freels announced that the agenda had been posted on September 26, 2012 at 12: 15 p.m. Roll Call Present: Council Member Dion Bracco; Council Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro Absent/Excused: Council Member Peter Arellano M.D.; Council Member Peter Leroe -Munoz B. Orders of the Day Mayor Pinheiro explained that Council Member Peter Leroe -Munoz was stuck in traffic and would be joining the meeting shortly. C. Introductions There were none. B. Orders of the Day There were none. C. Introductions Interim Fire Chief Alan Anderson was introduced by City Administrator Haglund. Software Systems Administrator Jimmy Salandanan was introduced by Finance Director Turner. Council Member Peter Arellano M.D. joined the meeting at 6:03 p.m. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro presented a proclamation naming October 7th - 13th, 2012 as Fire Prevention Week. Mayor Pinheiro read a proclamation Naming October 14th - 20th, 2012 as Freedom from Bullies Week. III. 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 Charlene Lucio spoke on the recent robbery of her family's home, asking the city to City Council Meeting Minutes 10/1/2012 2 change the policy in announcing publically address information, and what was stolen from a home. The City Council agreed to agendize a discussion of the policy at a future meeting. Girl Scout Troop 61323 asked the Council to put in beeping crossing signals at all of the stop lights in the city. Dominic Cefalu spoke on the recent resurfacing of Wren Avenue near Byers Street, explaining that a crosswalk to the neighborhood park and El Robles School had been removed during the resurfacing process, and the street was now a safety hazard for children and families attempting to cross the street. The Council agreed to agendize the discussion of beeping signal lights and discussion of restoring the crosswalk near El Robles School on Wren Avenue. Council Member Peter Leroe -Munoz joined the meeting at 6:14 p.m. B. Presentation of PG & E Savings by Design Award Charlene Iwata of PG & E presented a $17,021.00 check from the P G & E savings by design program as an award to the city from the design and construction of the new Gilroy library. C. Housing Advisory Committee Annual Presentation to Council The presentation was given by Jan Chargin, Chair of the Housing Advisory Committee. IV. REPORTS OF COUNCIL MEMBERS r Council Member Bracco spoke on the upcoming annual gang task force retreat, and shared two recent gang prevention informational events at local schools, spearheaded by the south county gang prevention task force. Council Member Tucker explained that she had attended the Habitat Plan meeting the previous week explaining that two Council Members would need to be appointed to serve as future board members. Council Member Dillon announced that he had gone to a recent showing of the history of Gilroy, which had been held at the Gilroy Center for the Arts, stating that a CD of the video was available for purchase at the Museum. MAYOR'S REPORT Mayor Pinheiro stated that there had been a young artists display in the city hall lobby sharing the background of the summer program. He then announced that the Sister City Association would be receiving a delegation from Portugal in November. V. FUTURE COUNCIL INITIATED AGENDA ITEMS The City Council agreed to agendize a discussion of the policy on releasing robbery information, restoring the crosswalk on Wren Avenue, and the suggestion of beeping am crossing signals at a future meeting VI. CONSENT CALENDAR A. Minutes of September 10, 2012 Regular Meeting B. Minutes of September 17, 2012 Regular Meeting C. Adoption of FPPC Form 806 Agency Report of Public Official Appointment City Council Meeting Minutes 10/1/2012 3 D. Adoption of Ordinance No. 2012 -12 of the City Council of the City of Gilroy Amending Chapter 17A, Article IV, Section 17A.35 of the City Code to Change the Composition of the Open Government Commission E. Property Improvement Agreement No. 2012 -01, Gilroy Sobrato Apartments F. Budget Amendment of $36,315.00 for Facilities Services Motion on the Consent Calendar Motion: to approve consent calendar items A, B, C, D, E, F Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro VII.BIDS AND PROPOSALS A. Award of Professional Services Contract for On -Call Civil Engineering Design Services, Project No. 12- RFP -PW -366 The item was presented by Senior Engineer Mack. There were no public comments. Motion on Item VII.A. Motion: to Approve Whitson Engineers, HMH Engineering, Drake Haglan and Associates, Sandis and Ruggeri- Jensen -Azar as Pre - selected Firms for On -Call Civil Engineering Design Services, Project No. 12- RFP -PW -366 Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro B. Award of Bid to Premier Builders, Inc. in the Amount of $149,407.00 for the Demolition of an Existing Vacant City Owned Building Located at 7453 Monterey Street, Project No. 13 -PW -203 Council Member Woodward recused himself from deliberations on the item, explaining that he owned property within 500 of the subject site. He then left the dais. The staff report was presented by City Engineer Smelser. There were no public comments. Motion on Item VII.B. Motion: to Award Bid to Premier Builders, Inc. in the Amount of $149,407.00 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Bob Dillon. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Abstain: Council Member Perry Woodward Council Member Woodward returned to the dais. City Council Meeting Minutes 10/1/2012 II C. Selection of RBF Consultants as Professional Services Consultants for the Housing Element Implementation Project Initial Study and Mitigated Negative Declaration The staff report was presented by Community Development Department Director Abrams. There were no public comments. Motion on Item VII.C. Motion: to Award Contract to RBF Consultants Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro VIII. PUBLIC HEARINGS A. Public Hearing Concerning the Issuance of Tax - Exempt Obligations by the California Statewide Communities Development Authority to be Made Available to California Shock Trauma Air Rescue (CALSTAR) for the Financing or Refinancing of One or More Air Rescue Helicopters, Air Rescue Equipment, Related Property and Expenses The staff report was presented by Finance Director Turner. The public hearing was opened, there being no comments the hearing was closed. Ono Motion on Item VIII.A. Motion: to Adopt Resolution 2012 -40 of the City Council of the City of Gilroy Approving the Issuance of Tax - Exempt Obligations by the California Statewide Communities Development Authority Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro IX. UNFINISHED BUSINESS A. Appointments to the Gilroy Youth Commission There were no public comments. Motion on Item IX.A. Motion: to Appoint Olivia Baxter, Jessica Cabatingan, Alyssa Dorn, Gianfranco Filice, Katie Miner, Tevin Voorhees to the Gilroy Youth Commission with Terms Ending September 31, 2014 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Bob Dillon. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro B. A Resolution of the City Council of the City of Gilroy Approving RDO HE 12 -02, an Application for a Housing Exemption From the Residential Development Ordinance for a Property Located West of Monterey Street, East of Wren City Council Meeting Minutes 10/1/2012 5 Avenue, and North and South of the Future Cohansey Avenue Extension, APN's 790 -06 -016, 032, and 033 Mayor Pinheiro announced that he was recusing from deliberations on items B, C and D explaining that he had not been present at the previous meeting when the public hearing had been held. Council Member Bracco also recused himself from deliberations on the items explaining that he too had not been present at the previous meeting when the public hearing had been held. Mayor Pro Tempore Tucker opened public comment; there being none, public comment was closed. Motion on Item IX.A. Motion: to Adopt Resolution 2012 -41 of the City Council of the City of Gilroy Approving RDO HE 12 -02, an Application for a Housing Exemption from the Residential Development Ordinance for a Property Located West of Monterey Street, East of Wren Avenue, and North and South of the Future Cohansey Avenue Extension, APN's 790 -06 -016, 790 -06 -032, and 790 -06 -033 Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4- 1 -0 -2. Yes: Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward No: Council Member Peter Arellano M.D. Abstain: Council Member Dion Bracco; Mayor Al Pinheiro C. A Resolution of the City Council of the City of Gilroy Approving TM 12 -01, A Tentative Map of Harvest Park Residential Subdivision on an Approximately 36 Acre Site, Located West of Monterey Street, East of Wren Avenue, and North and South of the Future Cohansey Avenue Extension, APN's 790 -06 -016, 029, 030, 031, 032, and 033 There were no public comments. Motion on Item IX.C. Motion: to Adopt Resolution 2012 -42 of the City Council of the City of Gilroy Approving TM 12 -01, A Tentative Map of Harvest Park Residential Subdivision on an Approximately 36 Acre Site, Located West of Monterey Street, East of Wren Avenue, and North and South of the Future Cohansey Avenue Extension, APN's 790 -06 -016, 029, 030, 031, 032, and 033 Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5- 0 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward Abstain: Council Member Dion Bracco; Mayor Al Pinheiro D. A Resolution of the City Council of the City of Gilroy Approving A/S -PUD 12 -04, An Application for Architectural and Site Approval of the Harvest Park Subdivision on Approximately 36 Acres Located West of Monterey Street, East of Wren Avenue, and North and South of the Future Cohansey Avenue Extension, APN's 790 -06-016, 029, 030, 031, 032,and 033 There were no public comments. Motion on Item IX.D. Motion: to Adopt Resolution 2012 -43 of the City Council of the City of Gilroy Approving A/S -PUD 12 -04, An Application for Architectural and Site Approval of City Council Meeting Minutes 10/1/2012 6 the Harvest Park Subdivision on Approximately 36 Acres Located West of Monterey Street, East of Wren Avenue, and North and South of the Future Cohansey Avenue Extension, APN's 790 -06 -016, 029, 030, 031, 032,and 033 Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5- 0 -0 -2. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward Abstain: Council Member Dion Bracco; Mayor Al Pinheiro X. INTRODUCTION OF NEW BUSINESS A. Acceptance of FEMA Assistance for Firefighters Grant in the Amount of $225,810.00 for the Purchase of Cardiac Monitors from Sole Source Vendor Physio - Control The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.A. Motion: to Accept FEMA Assistance for Firefighters Grant in the Amount of $225,810.00 for the Purchase of Physio - Control Lifepak 15 Cardiac Monitors, and Approve a $25,090.00 Matching Funds Budget Amendment Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on a pilot program being conducted by Recology South Valley, explaining that the program would allow for garbage pick up on one side of the street at a time to allow for better street sweeping. He then stated that he would be at a conference in Phoenix the next week. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (1) One Case Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section 17A.11(c) (1): Name of Case: Glen Loma Corporation, Arcadia Development Corporation, Ronan Avenue Investors, LLC v. City of Gilroy, et al. Court: Superior Court of California, County of Santa Clara Case No. 112CV226294 Date Case Filed: June 11, 2012 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 251 Old Gilroy Street, Gilroy, California (APN 841 08 033) Agency Negotiator: Thomas Haglund, City Administrator; Rick Smelser, City Engineer Other Party to Negotiations: Robert and Carol Fellom City Council Meeting Minutes 10/1/2012 VA Under Negotiations: Price and Terms of Payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) Property: 7400 Monterey Street, Gilroy, California (Old City Hall at the Corner of 6th and Monterey Streets) Agency Negotiators: Thomas Haglund, City Administrator; Christina Turner, Finance Director Other Party to Negotiations: Fran and Bobby Baudette Under Negotiations: Lease Terms D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957, Gilroy City Code Section 17A.8 (a) (4) Name/Title: Shawna Freels, City Clerk Mayor Pinheiro announced that he would be recusing from the discussion of Item XIII.0 explaining that he did conducted business with the other party to negotiations. City Attorney Callon explained that the Council was adjourning to closed session on item XIII.A. to discuss legal strategy, as allowed for under the California Brown Act and City Code. There were no public comments on closed session items. Motion to Adjourn to Closed Session Motion: to Assert the Attorney Client Privilege on Item XIII.A and Adjourn to Closed Session Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro The Council adjourned to closed session at 7:03 p.m. Motion to continue in closed session The Council voted to remain in closed session by the following vote: Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Council Member Perry Woodward; Mayor Al Pinheiro Absent: Mayor Pro Tempore Cat Tucker SHAWNA Fk SJ MMC City Clerk City Council Meeting Minutes 10/1/2012