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Minutes 2008/08/04 1- '"'~", "j'~"<- I.'.",""",.~','~*.~""~,~'''''' ,',- " .. -, .. .". .. . ,",' ',,','. "'"'''-....'''':-;, -'Vi'"" ',fiC,_""_"",.''';' -,- ,'" City of Gilroy City Council Minutes Monday,AuQust4,2008 I. OPENING Mayor Pinheiro called the meeting to order at p.m.7:03 p.m. The Invocation was given by Father Ted of Saint Mary's Catholic Church. City Clerk Freels reported that the agenda had been posted on July 31,2008 at 4:00 p.m. and the revised agenda had been posted on August 1,2008 at 12:00 p.m. Roll Call " Present: Council Member Peter Arellano, Council Member Dion Bracco, Courwil Member Bob Dillon, Council Member Cat Tucker, Council Member Perry Woodward and Mayor AI Pinheiro B. Orders of the Day Mayor Pinheiro asked the Council to adjourn the meeting in the name of Bob Kramer. 8895 C. Introductions There were no introductions. D. Presentations and Proclamations There were no Presentations and Proclamations. II. PRESENTATIONS A. BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Jesus stated that racial slurs had been written on signs that were posted at the municipal golf course stating that the City was tolerating hate by not doing anything about the issue. Mayor Pinheiro explained that the Council had not been informed about the issue and would direct staff to look into it and report back to the Council. Sally Armendarez stated that the situation at the golf course was not acceptable explaining that the City employees lack of good judgment when dealing with the issue should be addressed. III. CONSENT CALENDAR A. Minutes of the July 21, 2008 Regular City Council Meeting B. Recommendation to Approve Budget Transfers/Amendments C. Claim of Deborah Williams (City Administrator recommends a "yes" vote under the consent calendar shall constitute the denial of claim) D. Adoption of a Resolution 2008-35 Releasing Unclaimed Checks of More Than $15 Pursuant to California Government Code Section 50053 E. Approval of Opening the Recruitment Period from August 5, 2008 to September 4, 2008 for one (1) Open Seat on the Housing Advisory Committee and Eight (8) Seats on the Youth Commission F. Approval of the Declaration of Vehicles and Equipment as Surplus Property to be sold as Auction or Disposed of in Alternative Legally Available Manner G. Adoption of Resolution 2008-36 Approving a Downtown Small Project Exemption request for 36 Residential Units on Property Located at 7161 Monterey Street Zoned OED (Downtown Expansion District) APN 799-10-034, Applicant: AU Bakhtar c/o Reid Lerner, DSPE 07-02 (Item Heard 7-21-08 with a 7-0 vote) H. Adoption of Ordinance 2008-08 of the City of Gilroy Amending the 2007 California Building Code Adopted by the City of Gilroy as Ordinance 2007-24, to Modify, Add and Amend Sections 3402 and 3403 Regarding the Repair of Damaged Structures (Item Introduced 7-21-08 with a 7-0 vote) Motion on Consent Items A, B, C, 0, E, F, G & H Motion was made by Council Member Dillon, seconded by Council Member Woodward and carried to approve consent agenda item A, B, C, 0, E, F, G & H. I. Approval of Deferred Improvement Agreement No. 2008-02 for Utility Undergrounding for a Property Located at 60 Fourth Street, APN 799-06-068, 8896 Gary Walton Property Owner Council Member Woodward recused himself from voting on the item and then left the dais. Motion on Item 11I.1. Motion was made by Council Member Dillon, seconded by Council Member Tucker and carried to approve the Deferred Improvement Agreement No. 2008-02 for Utility Undergrounding for a Property Located at 60 Fourth Street, APN 799-06- 068, Gary Walton Property Owner (Council Member Woodward absent) IV. BIDS AND PROPOSALS A. Approval of a Bid Recommendation for the Las Animas Veteran's Park Pond Area Improvements to be Awarded to Perma Green Hydroseeding in the Amount of $158,700.00, Project No. 08-CDD-161. Engineer Headley presented the item to Council. Council Member Arellano asked if an area would be designed to separate small dogs from large dogs. Engineer Headley stated that the plan had not been designed to separate the areas. Council Member Arellano explained that other communities had the separation. Engineer Headley stated that the architect had not included it in the plans partly due to the additional costs, but additional fencing could be added to do so. Council Member Gartman suggested that the additional fencing be put in if needed. Council Member Tucker asked if the area backed to the nearby neighborhood. Engineer Headley stated that the interim plan was in the center of the park near the pond. Motion on Item IV.A. Motion was made by Council Member Dillon, seconded by Council Member Woodward to approve the bid. Council Member Arellano asked to add the fencing for the separation of small dogs and large dogs if it was needed in the future, suggesting that the language be added to the motion. Council Members Dillon and Woodward agreed to the amendment. Continued Motion on Item IV.A. With the addition of fencing for the separation of the small dogs and large dogs if needed in the future. The motion carried. V. PUBLIC HEARINGS There were no public hearing items. VI. UNFINISffED BUSINESS A. Adopti9n ofan Ordia.Hce of the City Council of the City of Gilroy, California, RequestintrConsoli.n of the General Municipal Election Date from the First Tuesday After thti'First Monday of November in Odd-Numbered Years to the First Tuesday After the ~t~ Monday of November in Even-Numbered Years 8897 City Attorney Callon presented the item. Mayor Pinheiro stated that the City of Los Altos had gone through the process recently. Motion on Item VI.A. Motion was made by Council Member Arellano, seconded by Council Member Tucker and carried to introduce the ordinance by title only. City Clerk Freels read the ordinance by title. Second Motion on Item VI.A. Motion was made by Council Arellano, seconded by Council Member Tucker and carried to adopt Ordinance 2008-09 (Council Members Dillon, Gartman and Woodward voting no) VII. INTRODUCTION OF NEW BUSINESS A. Consideration of the Adoption of a Resolution of the City Council of the City of Gilroy Determining that the Public Interest and Necessity Demand the Acquisition and Development of Certain Municipal Improvements and Their Financing Through the Issuance of General Obligation Bonds for the Gilroy Public Library Facilities The staff report was presented by Assistant City Administrator Jatczak. Bonnie Jean Vanroy of the Lew Edwards group spoke on the community research sharing the results of the tracking survey conducted. Kurt Baylow of the Lew Edwards group expanded on the survey speaking to the outreach and educational components of the process. Bonnie Jean Vanroy spoke on the decision before the Council sharing the high levels of voter turnout expected for the November 4, 2008 election and needed support actions for the measures success. Mayor Pinheiro spoke on the direction provided by the president of the Lew Edwards group regarding the possibility of passing the measure explaining that she had suggested that a higher level of support was needed. Ms. Vanroy stated that the results were not clear cut and the levels of support in the survey were not the best, but there were very strong supporters throughout the community who were campaigning for the measure and the record setting turn-out expectancy was another key possibility in passing the measure. Council Member Woodward asked if the initial survey results had shown that 66% of the 400 voters had been in support of the measure and when the cost of the bond was shared with survey participants, the support had dropped to 60%. Ms. Vanroy stated that the phrasing of the ballot question was written with the entire amount of the bond which as reflected in the survey, had a 66% support rate. She then explained that when the survey participants heard the amount they individually would be assessed, the support had dropped to the 60%. Council Member Woodward asked Ms. Vanroy what her experience was with the results of a ballot measure with similar survey outcome. Ms. Vanroy stated that they typically looked at the first ballot ask, explaining that many voters didn't have the time to research the specifics of the ballot items until they were at the ballot box. She then explained that the community campaign focus would help with the ballots success. 8898 Council Member Woodward asked if Ms. Vanroy had ever experienced results of an election come out higher than the survey results had. Ms. Vanroy stated that she had. Mr. Baylow explained that the survey in January had been a 20 minute survey and in the following survey, the cost question had played a bigger role in the information that was heard in comparison to the 20 minute survey in January. Mayor Pinheiro asked why the campaigning taking place in the community had not affected a rise in the results with the second survey. Ms. Vanroy stated that the downturn in the economy could have had an impact, explaining that the outreach was important to increase the results. Council Member Arellano asked if the turn-out results from the previous election had been looked at. Ms. Vanroy spoke on the results of a County ballot measure. Council Member Arellano asked if the volunteer efforts and focused messaging and outreach would push the numbers up. He then spoke on the Latino outreach asking if the committee was focusing on the issue of Latino voters. Ms. Vanroy explained that 1/3 of the people surveyed were Latino explaining that the results of the Latino's surveyed were 79% in support of the measure. She then explained that any opportunity to get the Latino turnout would help quite a bit. Council Member Arellano asked if the geographic locations of the City were looked at with the survey. Mr. Baylow explained that they had not suggesting that a zip code review take place. Council Member Arellano explained that there was one zip code for the entire City. Public comment was opened. Phyllis Armenta, Chair of the Library Commission spoke in support of the ballot measure sharing the history of the previous library expansion measure and thepftJnn~ng of the facility. She shared the history of the library in the Santa Clara County Library system and spoke on the bond measure needs. Robert Sigala spoke in support of the bond measure sharing the needs of the community and the campaigning the committee was conducting. Mayor Pinheiro stated that the City Council was in support of the needs for a new library explaining that the decision before the Council was to determine if the results of the survey were significant enough to go forward with placing the measure on the ballot. Connie Rogers shared a handout from the campaign committee and spoke in favor of the measure sharing her experiences on the Library Joint Powers Authority board and the previous bond measure in 1966. She shared the design plans in place for the new library and needs of the community asking the Council to join in the campaign. Cecilia Del Bono Weymooth $pOke in faVCK:of the measure spoke in favor of the measure. ' Mayor Pinheiro as.Js$d the members of the audience in favor of the measure to stand. Dennis Grundhoeff! '6poke in favor of the measure sharing the literacy program he worked with that utilized the library stating that the community needed to work to preserve the resource for the youth of the community. He spoke on the survey results 8899 and need for the Council's support. Sally Armendarez spoke in favor of the measure sharing the success of a 1 st year Berkley student who had utilized the City library during her high school years as she had no computer at home. Council Member Bracco spoke in favor of placing the item on the ballot asking the Council to vote unanimously to share their support with the community and offered to walk precincts and financially support the campaign. Council Member Arellano thanked all of the speakers stating that the Council needed to look at the outcome for the community explaining that the campaigning was going to be important for the measures success. He then stated that the Council would need to give unanimous support. Council Member Woodward stated that he was ready to help and wanted the item to move forward. Council Member Gartman spoke on the planned size for the new facility stating that the building may be at maximum capacity in 10 years and stated that the City may want to look at a 35 year build out. He stated that it would be a tough election sharing a previous school bond measure's lack of success and explaining that the redesign of the bond message had taken place and the measure passed with the next election. Council Member Dillon stated that he believed the Council would need to support the measure with unanimous support sharing some of the committee's current work. Motion on Item VitA. Motion was made by Council Member Dillon, seconded by Council Member Woodward Council Member Tucker spoke in support of the measure. Council Member Dillon stated that Council Member Woodward was going to walk precincts. Council Member Woodward stated that he was going to walk precincts. Mayor Pinheiro spoke in support of the measure and willingness to campaign for it and shared his concerns with the size of the facility. Continued Motion on Item VitA. the motion carried to adopt Resolution 2008-370f the City Council of the City of Gilroy Determining that the Public Interest and Necessity Demand the Acquisition and Development of Certain Municipal Improvements and Their Financing Through the Issuance of General Obligation Bonds for the Gilroy Public Library Facilities Consideration of the Adoption of an Ordinance of the City Council of the City of Gilroy Ordering the Submission of a Proposition of Incurring Bonded Debt to the Qualified Voters of the City of Gilroy at the General Municipal Election to be Held on November 4, 2008 for the Purpose of the Acquisition, Construction and Improvement of the Gilroy Public Library Facilities Second Motion on Item VitA. Motion was made by Council Member Dillon, seconded by Council Member Gartman and carried to read the ordinance by title only. City Clerk Freels read the ordinance by title. Motion on Item VII.A. 8909 Motion was made by Council Member Dillon, seconded by Council Member Woodward and carried to adopt Ordinance 2008-10 of the City Council of the City of Gilroy Ordering the Submission of a Proposition of Incurring Bonded Debt to the Qualified Voters of the City of Gilroy at the General Municipal Election to be Held on November 4, 2008 for the Purpose of the Acquisition, Construction and Improvement of the Gilroy Public Library Facilities Public Comment Jay Baksa spoke on his participation in the library bond campaign committee sharing the efforts of the group and challenges ahead. VIII. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund shared possible dates for a study session on the sunshine ordinance. He then stated that he would email out possible dates. IX. CITY ATTORNEY'S REPORTS There was no report. X. REPORTS OF COUNCIL MEMBERS Council Member Bracco stated that the Board of Directors of Gilroy Gardens had requested the Council form a sub-committee to work with the Board on future plans for the park. City Attorney Callon stated that the Council would need to agendize the item. Mayor Pinheiro stated asked if the Board needed direction prior to the next Council meeting. Council Member Bracco stated that there was an upcoming presentation that the sub- committee would need to be present for. Council Member Gartman asked when the Gilroy Gardens master plan item would come before the Council. City Administrator Haglund stated that the Gilroy Gardens master plan item would be addressed during the September 15th regular meeting. Council Member Arellano asked if the Board meetings were open to the public asking if anyone could attend. Mayor Pinheiro and Council Member Bracco stated that they were closed board meetings. Council Members Dillon and Woodward offered to sit on the sub-committee. Mayor Pinheiro asked if the purpose of the sub-committee was to gather information to share with the Council sharing the master plan item of the Gilroy Gardens facility. City Administrator Haglund stated that the Gilroy Gardens master planning presentation would take place at the September 15th meeting stating that the sub-committee could bring information to include in those discussions. Council Member Tucker asked if a Master Plan committee would be developed for the Gilroy Gardens. City Administrator Haglund stated that it could develop from the discussion on the 15th stating that the process was very detailed and extensive. 8901 Mayor Pinheiro asked if the item could go forward without agendizing. City Administrator Haglund stated that he would bring a consent item back on the September 15th agenda to ratify the direction given for the formation of the sub- committee. City Attorney Callon stated that there was no other vehicle in place to allow for the Council to volunteer to attend the meeting and she felt it was fine. Council Member Dillon stated that the sub-committee members would not be in any official capacity. Council Member Bracco shared his condolences with the passing of Bob Kramer. Council Member Arellano asked that the incident at the golf course be investigated and a report be provided back to Council. City Administrator Haglund stated that he had not previously been made aware of the incident and he would have the Police Chief report back to him and he would share the report with the Council. Council Member Gartman spoke on the success of the Garlic Festival. Council Member Dillon thanked everyone for their support of the Library Bond measure. XI. MAYOR'S REPORT Mayor Pinheiro spoke on the success of the Garlic Festival and thanked the Council Members who had attended the Sister Cities dinner. He then adjourned the meeting to Closed Session in the name of Bob Kramer. XII. FUTURE COUNCIL INITIATED AGENDA ITEMS There were no items. XIII. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3)(C) Claim of Golden Bay Construction, Inc. against the City of Gilroy filed January 31,2008 (Claim attached) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Govt. Code section 54956.9(a)) City of Gilroy v. Kaufman and Broad - Monterey Bay, Inc. Santa Clara Superior Court Case No. 1-05-CV-077424 City of Gilroy v. 140 Gilroy Associates, L.P. Santa Clara Superior Court Case No. 1-05-CV-055360 Closed Session Announcements 1. City of Gilroy v. KB Homes The City Council was engaged in litigation with KB Homes over defective concrete in several subdivisions. The case has been settled in exchange for an agreement by KB Homes and other to pay the City $275,000.00 in cash and provide material to defray the coast of replacing portions of the defective concrete. 8902 2. City of Gilroy v. 140 Gilroy Associates The City of Gilroy was engaged in litigation with 140 Gilroy Associates and others over defective concrete in one subdivision. The case has been settled in exchange for the defendants agreement to pay the City $203, 000.00 in cash and provide material to defray the cost of replacing portions of the defective concrete. The total value of both settlements, including the material valued at $77,986.00 is $555,986.00. ADJOURNMENT ( ,r { ii",;' V- I'" if,,_: .. ,r /.,--~ i; /' i~ "'-......- ' _ ".J..--/ Ii {t \ I 1. { J Shawna Fre Is, cMC City 'Clerk 4