Minutes 2009/01/26
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City of Gilroy ,
City Council Minutes
January 26. 2009
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 7:00 p.m. and led the Pledge of
Allegiance.
The Invocation was given by Matt Valencia of Calvary Chapel.
City Clerk Freels reported that the agenda had been posted on January 21, 2009 at
1 :00 p.m.
Roll Call
Present: Council Member Peter Arellano,M.D.; Council Member Cat Tucker;
Council Member Craig Gartman; Council Member Bob Dillon; Council Member
Dion Bracco; Council Member Perry Woodward and Mayor AI Pinheiro
B. Orders of the Day
Motion to Pull Item IV.A. from the aaenda
Motion was made by Council Member Woodward, seconded by Council Member
Dillon and carried to pull item IV.A. from the agenda.
Motion to Pull Item XIII. Closed Session from the aaenda.
Motion was made by Council Member Bracco, seconded by Council Member
Tucker and carried to pull Item XIII from the agenda.
C. Proclamations, Awards and Presentations
Mayor Pinheiro announced certificates of appreciation to outgoing Board, Committee
and Commission Members Allen Beale, Barbara Delorenzo, Robert Emberley, Jr.,
Shairon Williams, Cecilia Del Buono Weymouth, Don Kludt, James Suner, Mary Ellison
and Joyce Taylor and presented Robert Emberley, Jr. with his certificate.
Mayor Pinheiro read the Proclamation to American Red Cross Naming January as
National Blood Donor Month.
Mayor Pinheiro presented Volunteers of the Month Award for November, 2008 to
Connie Rogers, Carol DeSantis, Jan Darbhamulla, Betty Kinkel and Marian Niiyama.
Mayor Pinheiro presented the Volunteer of the Month Award for December 2008 to
Danny Martin.
Proclamation of Special Appreciation to Valley Health Center Gilroy
II. PRESENTATIONS TO COUNCIL
Cathy Mirelez of the Community Services Department shared the new City Activity
guide. It
Kathleen Clarke of the Parks and Recreation Commission invited the Council and the
public to the opening of the new Dog Park taking place on January 31 st.
Donna Pray of the Gilroy Foundation spoke on the opening of the new dog park.
III. CONSENT CALENDAR
1
9021
A. Minutes of the December 15, 2008 and January 12, 2009 Regular Meetings
B. Opening of Recruitment Period to Fill a Vacant Seat on the Arts and Culture
Commission
C. Notice of Acceptance of Completion, Capital Project 07 -CDD-135, Equipping
Forest Park Well 3-02
D. Declaration of the Surplus of Gymnastics Equipment and Sale to USA Sports
for the amount of $3,000.00
E. Declaration of Surplus of Boxing Ring with an Estimated Value of $500.00
Motion on the Consent Calendar
Motion was made by Council Member Tucker, seconded by Council Member
Woodward and carried to approve the consent calendar.
IV. BIDS AND PROPOSALS
A. Award of Bid #09-CDD-149, Utility Water Pipe Replacement for OX Ditch 1 & 2
to Casey Construction, Inc. in the Amount of $320,000.00
The item was pulled from the agenda and was not heard.
V. PUBLIC HEARINGS
A. Introduction of An Ordinance of the City Council of the City of Gilroy Adding
Section 45.30 to the Zoning Ordinance of the City of Gilroy Establishing a
Below Market Rate Housing Program
The staff report was presented by Housing and Community Development Manager
Roaf.
The public hearing was opened.
A representative of the Law Foundation of Silicon Valley presented a letter in support of
the ordinance.
Michael McDermott suggested offering developers in lieu fees in lieu of building the
median income homes.
Denis Lalor of South County Housing spoke on the value of the ordinance in the future
as it gave the ability to purchase a home for people of all incomes suggesting additional
criteria be used.
The public hearing was closed.
Motion on Item V.A.
Motion was made by Council Member Woodward, seconded by Council Member
Tucker and carried to table the item and have staff bring the item back with
information on the impacts to the housing element.
VI. UNFINISHED BUSINESS
VII. INTRODUCTION OF NEW BUSINESS
A. An Ordinance of the City Council of the City of Gilroy Amending Chapter 27,
Article IV, of the Gilroy City Code Pertaining to Daily Water Use Allocations
and Water Overuse Penalties
9022
City Administrator Haglund presented the item.
City Engineer Smelser presented the staff report.
There were no public comments.
Motion on Item VII.A.
Motion was made by Council Member Arellano, seconded by Council Member
Bracco and carried to Read the Ordinance by Title Only and Waive Further
Reading of the Ordinance
City Clerk Freels read the ordinance by title.
Second Motion on Item VII.A
Motion was made by Council Member Arellano, seconded by Council Member
Bracco and carried to Introduce an Ordinance of the City Council of the City of
Gilroy Amending Chapter 27, Article IV, of the Gilroy City Code Pertaining to Daily
Water Use Allocations and Water Overuse Penalties
B. An Ordinance of the City Council of the City of Gilroy Amending Chapter 19,
Article VIII, of the Gilroy City Code Pertaining to the Daily Sewer Use
Allocations and Sewer Overuse Penalties
Motion on Item VII.B.
Motion was made by Council Member Arellano, seconded by Council Member
Dillon and carried to Read the Ordinance by Title Only and Waive Further Reading
of the Ordinance.
City Clerk Freels read the ordinance by title.
Second Motion on Item VII.B.
Motion was made by Council Member Peter Arellano,M.D., seconded by Council
Member Cat Tucker and carried to Introduce an Ordinance of the City Council of
the City of Gilroy Amending Chapter 19, Article VIII, of the Gilroy City Code
Pertaining to the Daily Sewer Use Allocations and Sewer Overuse Penalties
VIII. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund presented information on the State budget. He then asked
that the February 23,2009 Regular Meeting be cancelled.
The Council agreed to cancel the February 23, 2009 Regular meeting.
IX. CITY ATTORNEY'S REPORTS
x. REPORTS OF COUNCIL MEMBER
Council Member Woodward announced that the Open Government Commission would
hold its first meeting on February 9,2009.
Council Member Dillon
A. Direction to Staff to Pursue South County Housing Partnership Request
Council Member Woodward recused himself stating that he owned one 'of the homes in
the cannery project as a rental property. He then left the dais.
Motion on Item X.A.
Motion was made by Council Member Dillon, seconded by Council Member
Tucker and carried (Council Members Bracco and Gartman voting no, Council
9023
Member Woodward absent) to allow the South County Housing Partnership
Request to come back before Council.
XI. MAYOR'S REPORT
A. Appointment of Council Member to Serve as Liaison to the League of
California Cities Peninsula Division
Mayor Pinheiro asked that the City Clerk find out the meeting dates and times and
share the information with the Council explaining that the appointment would be re-
agendized.
XII. FUTURE COUNCIL INITIATED AGENDA ITEMS
XIII. CLOSED SESSION
CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNITS Govt.
Code section 54957.6, Gilroy City Code Section 17A.8 (5)
City Negotiators: Thomas Haglund, City Administrator and LeeAnn McPhillips,
City Human Resources Director, Charles Sakai, City Legal Counsel
Collective Bargaining Units:
Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters
Gilroy Management Association Representing Employees Designated as
"Exempt", Excluding Confidential and Council Appointed Employees
AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101
Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers
Anticipated issues(s) under Negotiation:
Wages, Hours, Benefits, Working Conditions
Memorandum's of Understanding:
MOU between City of Gilroy and Gilroy Police Officers Association, Inc., MOU
Between City of Gilroy and AFSCME, MOU Between City of Gilroy and The
Firefighters Local 2805, IAFF Fire Unit; Petition for Representation of the Gilroy
Management Association
The item was pulled from the agenda and was not heard.
X.lV. ADJOURNMENT at 8:42 p.m. TO THE MEE NG OF FEB