Minutes 2011/09/12
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City of Gilroy
City Council Meetina Minutes
September 12.2011
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:00 p.m. and led the pledge of
allegiance.
City Clerk Freels reported that the agenda had been posted on September 7, 2011 at
12:00 p.m.
Roll Call
Present: Council Member Dion Bracco; Council Member Bob Dillon; Council
Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward; Mayor AI Pinheiro
Absent/Excused: Council Member Peter Arellano MD
B. Orders of the Day
Mayor Pinheiro announced that Item VI.K, the Housing Advisory Board appointments
would be pulled from the Consent Calendar.
I. INTERVIEWS
A. Interviews for Seven (7) Open Seats on the Youth Commission
B. Interviews for One (1) Open Seat on the Bicycle Pedestrian Commission
The Council interviewed applications.
Council Member Peter Arellano M.D. joined the meeting at 6:13 p.m.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Pinheiro spoke on the proclamation naming the week of September 25th -
October 1st, 2011 as Sea Otter Awareness Week.
III. PRESENTATIONS TO COUNCIL
A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA, BUT WITHIN THE SUBJECT
Judy Mireles-Janisch presented the Fall 2011 Activity Guide with Council.
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Alex Larson spoke about his years of residency in the City of Gilroy and handed out a
letter to Council regarding the move of the Visitor's Bureau to the Gilroy Outlets,
requesting all city records which established the funding source for the Gilroy Visitor's
Bureau from Transient Occupancy Tax. He stated that he believed there was a conflict
of interest with the Visitor's Bureau selling retail products as they were funded by tax
payer's money.
Charles Larson spoke on the concept of creating the Visitors Bureau, stating that public
money was funding the sale of retail products with the city's financial support of the
Bureau and he believed that government should not be involved in retail sales.
Public comment was closed.
B. Gilroy Visitor's Bureau Annual Report
Jane Howard of the Gilroy Visitor's Bureau gave the annual presentation.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Leroe-Munoz recognized the Boy Scouts who were in attendance at
the meeting.
Council Member Dillon spoke on a recent letter to Supervisor Wasserman and request
that the City Administrator provide information on the new animal shelter to return to
Council at a subsequent meeting.
MAYOR'S REPORT
Mayor Pinheiro commended Fire Chief Foster and Police Chief Turner for the 10th
anniversary event the previous day. He then spoke on a charity event held at the Gilroy
Golf Course sharing the amount of public support of the fund raiser for Brian Bowe.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Arellano asked to agendize an item on the potential conflict of interest
of the Gilroy Visitor's Bureau selling retail products.
Council Member Arellano made a motion which died for lack of a second.
Motion on Aaendizina Visitor's Bureau Presentation
Motion: approve agendizing the Visitors Bureau presentation to answer any
questions from the Council.
Moved by: Council Member Dion Bracco, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 6-1.
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 AI Pinheiro
No: Council Member Perry Woodward
VI. CONSENT CALENDAR
A. Minutes of August 1, 2011 Special Meeting
B. Minutes of August 1, 2011 Regular Meeting
C. Open Recruitment for One Seat on the Planning Commission with a Term
Ending December 31,2013
D. Open Recruitment for One seat on the Parks and Recreation Commission with
a Term Ending December 31,2014
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E. Approval of Decorative Tile Project at San Ysidro Park
F. Claim of Evelyn Lemon, Robert Lemon and Loretta Rock (a "yes" vote under the
Consent Calendar shall constitute the denial of the claims)
G. Claim of Sandra Dondero (a "yes" vote under the Consent Calendar shall constitute
the denial of the claims)
H. Claim of Teresa Villasana (a "yes" vote under the Consent Calendar shall constitute
the denial of the claims)
I. Claim of Elizabeth Hiserman (a "yes" vote under the Consent Calendar shall
constitute the denial of the claims)
J. Claim of Miguel Arias (a "yes" vote under the Consent Calendar shall constitute the
denial of the claims)
K. Appointment of Fred Tovar as Gilroy Unified School District Representative
and Seth Capron as Affordable Housing Representative to the Housing
Motion on the Consent Calendar
Motion: approve Consent Calendar Items A, B, C, D, E, F, G, H, I, J
Moved by Council Member Perry Woodward, 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 AI Pinheiro
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VII. BIDS AND PROPOSALS
A. Award of Gilroy/Morgan Hill Sewer Trunk Improvements Design Contract
Amendment with Blair & Flynn, Consulting Engineers, Inc. in the Amount of
$116,000.00
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item VII.A.
Motion: to Award of Gilroy/Morgan Hill Sewer Trunk Improvements Design
Contract Amendment with Blair & Flynn, Consulting Engineers, Inc. in the
Amount of $116,000.00, and Authorize the City Administrator to Execute Related
Documents
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
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 AI Pinheiro
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VIII. PUBLIC HEARINGS
A. Public Hearing for the 2011 Edward Byrne Memorial Justice Assistance Grant
Projects and Programs Application of $20,114.00 for the 2011-2012 Fiscal Year
The staff report was presented by Police Sergeant Gallacinao
The public hearing was opened, there being no comment, the hearing was closed.
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Motion on Item VIII.A.
Motion: to Approve the Application for Funding of $20,114.00 Under the 2011
Edward Byrne Memorial Justice Assistance Grant for the 2011-2012 Fiscal Year
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 AI Pinheiro
B. Public Hearing to Consider the Placement of Special Assessment Liens for the
Non-payment of Administrative Citation Penalties, Late Payment Penalties, and
the Costs of Collection for Certain Properties Located in Gilroy, California
Pursuant to Gilroy City Code Sections 6A.39 Through 6A.42
Motion to Continue
Motion: to Continue the Item to the November 7,2011 Regular Meeting
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
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 AI Pinheiro
C. Public Hearing to Consider the Adoption of an Urgency Interim Ordinance
Extending for a Period of Ten (10) Months and Fifteen (15) days, Interim
Ordinance No. 2011-11 Adopted as an Urgency Measure Prohibiting the
Approval of Any Residential Development Project East of Highway 101 For a
Period of Forty-five (45) Days
The staff report was presented by City Administrator Haglund.
The public hearing was opened.
Julie Hutcheson of the committee of green foothills spoke in support of the ordinance.
The public hearing was closed.
Motion on Item VIII.C.
Motion: to Introduce the ordinance by title only and waive further reading of
ordinance
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry
Woodward.
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 AI Pinheiro
City Clerk Freels read the ordinance by title.
Second Motion on Item VIII.C.
Motion: to Adopt an Urgency Interim Ordinance 2011-12 of the City Council of the
City of Gilroy Extending for a Period of Ten (10) Months and Fifteen (15) days,
Interim Ordinance No. 2011-11 Adopted as an Urgency Measure Prohibiting the
Approval of Residential Development Project East of Highway 101 For a Period of
Forty-five (45) Days
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 AI Pinheiro
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IX. UNFINISHED BUSINESS
There were no items.
The Council adjourned for break at 7:25. p.m.
The Council reconvened at 7:32 p.m.
X. INTRODUCTION OF NEW BUSINESS
A. Presentation by Tim Gavin on Traffic Issues on Welburn Avenue
Tim Gavin presented to the Council.
Public comment was opened.
A gentleman asked what would be different about the traffic study speaking on the
amount of traffic in the area. He suggested that a comparison to First street take place
explaining that a stop light would eliminate the issue. He then asked that the First street
be painted red to eliminate the parking.
Robert Taylor stated that for 5 years the residents in the neighborhood had been
dealing with the same issue. He explained that the residents in the area didn't believe
anything would ever be accomplished until someone got hurt.
Public comment was closed.
Motion on Item X.A.
Motion: approve agendize staff report with the costs and scope of a traffic study ""'''''''
for the area at the October 17, 2011 meeting.
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
Vote: Motion carried 5-2.
Yes: Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro
Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Peter Arellano M.D.; Council Member Dion Bracco
B. Review of Regulations on Chickens and Rabbits in City Residential Districts
The staff report was presented by Community Development Director Abrams.
There were no public comments.
Motion on Item X.B.
Motion: to Continue the item to allow Council time to review of the various
ordinances from other cities.
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-1.
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; Mayor AI Pinheiro
No: Council Member Dion Bracco
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C. Response to June 9, 2011 and June 10, 2011 Grand Jury Reports
The staff report was presented by City Administrator Haglund.
There were no public comments.
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Motion on Item X.C.
Motion: to Approve the City's Response to June, 2011 Grand Jury Reports
Moved by Council Member Peter Leroe-Munoz, seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 6-1.
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 AI Pinheiro
No: Council Member Perry Woodward
D. Santa Clara County Recycling and Waste Reduction Commission
Recommendation of Regional Policy to Address the Impacts of Expanded
Polystyrene (EPS)
E. A Resolution of the City Council of the City of Gilroy Encouraging the Use of
Reusable Carry-out Bags and Discouraging Use of Single-use Plastic Bags
Within the City of Gilroy
City Administrator Haglund asked to present both items in tandem, and then presented
the staff report.
Public comment was opened.
Julie Hutcheson of the committee for green foothills stated that the committee was in
support of adopting the resolution, and asked the Council to suggest that the water
district reduce plastic in the watershed. She stated that her group was not "for" paper
bags, but was in support of using reusable bags.
Marc Perkel spoke in opposition to adopting the resolution and spoke on the issue of
plastic being environmentally cleaner than paper. He explained that plastic was
traditionally made out of oil and took a long time to decompose and suggested
considering putting plastic in carbon mines. He explained that voting against plastic was
a vote for paper.
Public comment was closed.
Motion on Item X.E.
Motion: to adopt Resolution 2011-41, with the addition of Council discouraging
the use .of the polystyrene.
Moved by Council Member Peter Leroe-Munoz, seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 6-1.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward; Mayor AI Pinheiro
No: Council Member Bob Dillon
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund stated that he would be attending the ICMA conference the
following week.
XII. CITY ATTORNEY'S REPORTS
There was no report.
XIII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION; Pursuant to
California Government Code Section 54956.9(a) and GCC Section 17A.11(c)
Case: Donald Sipple, John Simon, Karl Simonsen and Christopher Jacobs,
Settlement Representatives; New Cingular Wireless PCS, LLC, a Delaware limited
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liability company v. The City of Alameda, California, et al.
Superior Court of the State of California, County of Los Angeles, Case No.
BC462270, filed May 27, 2011.
(Complaint for Refunds of Taxes Erroneously Paid and Collected in Violation of Law)
City Attorney Callon explained that to protect the City's position, the Council would be
deliberating in closed session regarding the existing litigation.
There were no public comments.
Motion to Adiourn to closed session
Motion: to Adjourn to Closed Session
Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 6-0-1.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward; Mayor AI Pinheiro
Absent: Council Member Bob Dillon
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