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Minutes 2011/11/21 1 City of Gilroy City Council Meetina Minutes November 21, 2011 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 6:03 p.m. and led the pledge of allegiance .. The invocation was given by Frank Azad of the Baha'i Faith Community. City Clerk Freels reported that the agenda had been posted on November 16, 201 at 10:40 a.m. Roll Call Present: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent/Excused: Council Member Peter Arellano M.D. B. Orders of the Day Council Member Dillon spoke on the letter received from Chris Cote, explaining that he felt there wasn't enough information in the packet to address the specific item. Council Member Peter Arellano M.D. joined the meeting at 6:07 p.m. City Attorney Callon suggested postponing the item with regards to another property until after the court decision in early December. Motion to Continue Item VIII.A. Motion: to continue Item VIII.A. Public Hearing Regarding the Imposition of Real Property Liens for Delinquent Administrative Citation Penalties to the December 5, 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-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Council Member Woodward asked to pull items A and C from the Consent Calendar. I. INTERVIEWS A. Interview for the Development Standards Task Force The Council interviewed for the open seat. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations 1. Presentation of Certificate of Appreciation to Public Art Committee Member Dana Louie Mayor Pinheiro presented the certificate. City Council Meeting Minutes 11-21-11 2 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 Lori Franke invited the Council to the annual Christmas concert. B. Annual Presentation to Council by the Public Art Committee .., The presentation was given by Chair Willard. IV. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Tucker announced that she had forwarded the Gilroy Welcome Center Directors report, sharing the positive difference in walk-in customers at the new location in the Outlet center. Council Member Leroe-Munoz reported that the Women in Business event he had participated in with the High Schools the previous week had been well attended and was a success. Council Member Dillon wished everyone a happy Thanksgiving. MAYOR'S REPORT Mayor Pinheiro wished everyone a happy Thanksgiving. v. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pro Tempore Tucker asked if items for the Council's January goal setting session were going to be provided by Council Members. She then suggested an item for the session to incorporate into the City HR policy the promoting of internal staff from within the ranks as a part of the hiring practices, as well as promoting volunteers. ~.CONSENTCALENDAR B. Approval of Notice of Acceptance of Completion Uvas Creek Outfall Reconstruction Project No. 12-PW-189 D. Adoption of Resolution 2011-44 of the City Council of the City of Gilroy Authorizing the Submittal of an Application to the California State Department of Housing and Community Development for Funding Under the CalHome Program; the Execution of an Agreement if Selected for Such Funding, Any Amendments Thereto; and Any Documents Necessary to Participate in the CalHome Program M Motion on Consent Calendar Items Band 0 Motion: to Approve Consent Calendar Band 0 Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe-Muiioz. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro A. Minutes of November 7,2011 Regular Meeting Council Member Woodward asked to amend the November 7,2011 minutes to read Forrest street in place of Fourth street. City Council Meeting Minutes 11-21-11 3 Council Member Bracco explained that he would not be voting on the minutes as he had not been in attendance at the meeting. Motion on Consent Calendar Item A. Motion: approve the Minutes of November 7,2011 Regular Meeting Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 6-0-0-1. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Abstain: Council Member Dion Bracco - C. Approval of Decommission and Sale of Surplus Police Department Firearms The staff report was presented by Police Chief Turner and Sergeant Locke-Paddon. Public comment was opened. Cyrus Cleaver stated that the guns were publicly purchased firearms and should be sold for fair market value. He then stated that he disagreed that firearms should not be sold to the public as all purchasers had to go through a background check to prove they were outstanding citizens. Public comment was closed. Motion on Consent Calendar Item C. Motion: to send the item back to see if there is a way to sell the firearms in a responsible way to get top dollar. Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe-M uiioz. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Council Member Perry Woodward; Mayor AI Pinheiro No: Mayor Pro Tempore Cat Tucker -- VII. BIDS AND PROPOSALS A. Award of Bid for the Demolition of a City Owned Dwelling at 271 Old Gilroy St. Gilroy, CA. with Randazzo Enterprises, Inc., in the Amount of $28,430.00, and Authorization to the City Administrator to Execute Related Documents, Project No. 12-PW-192 The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.A. Motion: to Approve Award of Bid for the Demolition of a City Owned Dwelling at 271 Old Gilroy St., Gilroy, CA. with Randazzo Enterprises, Inc., in the amount of $28,430.00, and Authorization to the City Administrator to Execute Related Documents, Project No. 12-PW-192 Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe-M uiioz. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro - """.'" City Council Meeting Minutes 11-21-11 4 VIII. PUBLIC HEARINGS A. Public Hearing Regarding the Imposition of Real Property Liens for Delinquent Administrative Citation Penalties The item was continued to the December 5, 2011 Regular Meeting. B. Adoption of Public Facilities Impact Fees The staff report was presented by City Engineer Smelser. The public hearing was opened; there being no comment, the hearing was closed. Motion on Item VIII.B. Motion: to Adopt a Resolution 2011-45 of the City Council of the City of Gilroy Decreasing the Public Facilities Impact Fees Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro IX. UNFINISHED BUSINESS A. Appointment to the Development Standards Task Force There were no public comments. Motion on Item IX.A. Motion: to appoint Thomas Muniz to the Development Standards Task Force 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-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Adoption of Ordinance of the City Council of the City of Gilroy Adopting Chapter 27C Municipal Storm Water Protection and Discharge Control, and Chapter 270 Post Construction Storm Water Pollution Prevention, into the Gilroy City Code There were no public comments. Motion on Item IX.B. Motion: to Adopt Ordinance 2011-13 of the City Council of the City of Gilroy Adopting Chapter 27C Municipal Storm Water Protection and Discharge Control, and Chapter 270 Post Construction Storm Water Pollution Prevention, into the Gilroy City Code Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Muiioz. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro C. Review of Ordinance Setting Regulations for Chickens and Rabbits in City Council Meeting Minutes 11-21-11 5 Residential Districts The staff report was presented by Community Development Department Director Abrams. There were no public comments. Motion on Item IX.C. Motion: to direct staff to move forward with the development of the ordinance. Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano M.D.; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz X. INTRODUCTION OF NEW BUSINESS A. A Resolution of the City Council of the City of Gilroy Recognizing the Efforts of the Numerous Law Enforcement Agencies and Personnel for their Participation in "Operation Garlic Press" There were no public comments. Motion on Item X.A. Motion: to Adopt Resolution 2011-46 of the City Council of the City of Gilroy Recognizing the Efforts of the Numerous Law Enforcement Agencies and Personnel for their Participation in "Operation Garlic Press" 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-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro - '"" "'* B. Fiscal Year 2011-2012 First Quarter Budget Review The item was presented by Finance Department Director Turner. There were no public comments. XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on the Discover Gilroy efforts. XII. CITY ATTORNEY'S REPORTS There were none. The Council adjourned at 8:02 p.m. I ! j) /f~ ~ t' ! ; ii \ './, V: (' · SHA~i:ttels, I City Clerk I ! - ~,.,,- City Council Meeting Minutes 11-21-11