Minutes 2009/05/04
City of Gilroy
City Council Minutes
May 4. 2009
I. OPENING
Mayor Pinheiro ca\1ed the meeting to order at 7:00 p.m.
The Pledge of A\1egiance led by Brett Jones and Derek Jensen of Boy Scout Troop
#708.
The Invocation was given by Steve Gold of South Va\1ey Community Church.
City Clerk Freels reported that the agenda had been posted on April 29, 2009 at 11 :00
a.m.
Roll Call
Present: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco;
Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
B. Orders of the Day
There were no changes to the agenda.
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C. Proclamations, Awards and Presentations
Mayor Pinheiro presented letters honoring Eagle Scout Award recipients Brett Jones
and Derek Jensen of Boy Scout Troop #708.
Mayor Pinheiro presented certificates of appreciation to outgoing Citizens Advisory
Committee Members Denise Apuzzo, Bonnie Reed-Zander, and Libby Lai.
Mayor Pinheiro presented a Proclamation naming May, 2009 as Better Hearing &
Speech Month.
Mayor Pinheiro presented a Proclamation honoring FIRST 5 Santa Clara County.
Mayor Pinheiro presented a Proclamation supporting "Those Who Host Lose the Most"
campaign.
Mayor Pinheiro presented a Proclamation naming May 3rd through May 9th as Building
Safety Week.
II. PRESENTATIONS TO COUNCIL
There were no public comments on items not on the agenda.
III. REPORTS OF COUNCIL MEMBERS
Council Member Are\1ano spoke on the ABAG general assembly meeting in San
Francisco he had attended the previous week, sharing information on SB 375. He
explained that the bi\1 did not mandate participation, but there were many benefits to
City as the bill was intended to promote working together to find a solution to decrease
the impacts on global warming.
Council member Gartman spoke on the Water Board commission meeting stating that
strides were being made to reduce expenditures and the proposed increases in the
future.
Mayor Pinheiro spoke on the Memorial Day Parade May 25th at 11 :00 a.m. He then
spoke on the work the local Rotary club in conjunction with the City of Gilroy, Gilroy
Sister Cities and the City of Tecate to raise $30,000 to purchase the 7 surplus Police
vehicles and 2 fire engines. He then shared the dates of the next Coffee with the Mayor
events of May 18th and May 28th. He commended City Clerk Freels in honor of
Municipal Clerks Week May 3rd through May 9th and spoke on City Administrator
Haglund's 1-year anniversary thanking him for his work. He then spoke on scheduling
the annual performance evaluation of the City Administrator.
IV. CONSENT CALENDAR
Council Member Gartman pulled items IV. E and F.
Mayor Pinheiro pulled item IV. H.
Council Member Woodward pu\1ed item IV.D. stating that he needed to recuse himself
as he owned a property in the area.
Motion on Consent Calendar Items IV.A.. B. C. G. I. J
Motion: To approve Consent Calendar Items IV. A, B, C, G, I, J.
Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
A. Minutes of April 20, 2009 Regular Meeting and April 27, 2009 Special Meeting
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B. Resolution Extending CalPERS Work Time for Interim Planning Division
Manager David Bischoff
C. Appointment of Bicycle Pedestrian Commission Members
G. Authorize the City Administrator to Execute an Agreement with Santa Clara
County for Countywide Household Hazardous Waste Management Services
I. Adoption of an Identity Theft Prevention Program
J. Claim of Michelle Aguirre (City Administrator recommends a "yes" vote under
the Consent Calendar shall constitute the denial of the claims)
Council Member Woodward recused himself and left the dais.
D. Notice of Acceptance of Completion, Property Improvement Agreement 2006-
21, Tract 9848-Forest Park, APN 841-04-006, South County Builders, A
California Non-Profit Corporation
Motion on Item IV.D.
Motion: To approve consent calendar Item IV. D.
Moved by Council Member Peter Arellano, M.D., seconded by Council Member
Cat Tucker.
Vote: Motion carried 6-0-1.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Mayor AI Pinheiro
Absent: Council Member Perry Woodward
E. Authorize the City Administrator to Execute the Santa Clara County
Countywide AB 939 Implementation Fee Agreement
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F. Authorize the City Administrator to Execute an Amendment to the Existing
Agreement with Santa Clara County for Countywic;le Hou.sehold Hazardous
Waste Management Services
H. A Resolution of the City Council of the City of Gilroy Setting the Annual
Fireworks Service Fee for Impacts on City Fire and Police Services Related to
the Sale and Use of Safe and Sane Fireworks Pursuant to City Code Chapter
10A
Motion on consent calendar Items V.E . IV.F. and IV.H.
Motion: To approve consent calendar Items IV.E , IV.F. and IV.H
Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion
Bracco.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
V. BIDS AND PROPOSALS
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There were no bid or proposal items.
VI. PUBLIC HEARINGS
A. Public Hearing for Community Development Block Grant (CDBG) Funding for
Program Year 2009
The staff report was presented by Housing and Community Development Manager
Roaf.
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The public hearing was opened.
Denise Apuzzo spoke on the citizens advisory committee recommendations stating that
the data base was necessary. She spoke on the monitoring of the agencies explaining
that staff did a good job of monitoring the money spent. She then spoke on the Healthy
Kids initiative explaining the guidelines for participation and the program highlights.
The public hearing was closed.
Motion on Item VI.A.
Motion: approve the CDBG Action Plan for Program Year 2009
Moved by Council Member Craig Gartman, seconded by Council Member Bob
Dillon.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
VII. UNFINISHED BUSINESS
There were no unfinished business items.
VIII. INTRODUCTION OF NEW BUSINESS
A. Request for Waiver of Utility Undergrounding for a Property Located at 400
Leavesley Road, Rick Nasar, Applicant
Senior Engineer Krueger presented the staff report.
City Engineer Smelser shared additional staff information.
City Attorney Callon explained that if the City was consistently interpreting the code as
50% or more of reconstruction as new development, then there was no ability to waive
the requirement without amending the ordinance.
Public comment was opened.
Rick Nasar, the applicant stated that he was remodeling his gas station due to the
agreement he was entering into. He explained that he had was generating jobs for
construction businesses with the remodel and would generate additional sales tax
revenue for the City. He asked that the Council not require under grounding of his
remodel and requested that the application be processed as his business was not a
new development. He explained that he had been told about the undergrounding
requirement during the design review process and explained that his property had under
grounding up to the pole.
There were no further public comments.
Motion on Item VIII.A.
Motion: To grant a waiver of the utility under grounding for the property located
at 400 Leavesley Road.
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat
Tucker.
Vote: Motion carried 5-2.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council
Member Craig Gartman; Council Member Cat Tucker; Council Member Perry
Woodward
No: Council Member Peter Arellano, M.D.; Mayor AI Pinheiro
B. Consideration of the Request by Santa Clara County Supervisor Dave Cortese
to Support Oakland A's Relocation to the South Bay
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Motion on Item VIII.B.
Motion: To Adopt Resolution 2009-13 Supporting the Effort to Bring Major League
Baseball to San Jose
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
IX. CITY ADMINISTRATOR'S REPORTS
A. Discussion of Modification of the Gardens Subdivision
The staff report was presented by Development Center Manager Abrams.
City Attorney Ca\1on explained that the project would need to go through the proper
noticing process to go any further with a discussion of the specifics of the project. She
suggested that Council not talk about the details, but focus on the general policy of the
City with regards to the higher density as the Council could not commit to the project as
presented.
Michael McDermott, the applicant spoke on the market trends and the ability to sell
property. He spoke on higher density and the RDO needs for the project asking if there
was a possibility to generate additional RDO's to achieve the goal as he was presenting.
X. CITY ATTORNEY'S REPORTS
There was no report.
XI. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Arellano asked to agendize the Residential Development Ordinance
(RDO) to make it more relevant to deal with floor area ratio (FAR) and greening.
Council Member Tucker asked if the Gardens subdivision item would come back at
another fully noticed meeting.
Mr. McDermott stated that he was looking for an indication of what the Council would
want to see sharing information on the need for a more global discussion of the RDO.
XII. CLOSED SESSION
A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNITS
Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8
(5)
City Neaotiators: Thomas Haglund, City Administrator and LeeAnn McPhillips, City
Human Resources Director, Charles Sakai, City Legal Counsel, Christina Turner,
Finance Director
Collective Baraainina 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 1 01, Gilroy Police Officers
Association, Inc. Representing Gilroy Police Officers
-
Anticipated Issues(s) Under Neaotiation: Wages, Hours, Benefits, Working
Conditions
Memorandums of Understandina: MOU Between City of Gilroy and The Firefighters
Local 2805, IAFF Fire Unit; Petition for Representation of the Gilroy Management
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Association; MOU Between City of Gilroy and AFSCME, Local 1 01; MOU between City
of Gilroy and Gilroy Police Officers Association, Inc.
There were no public comments.
The Council adjourned to Closed Session at 10:01 p.m.
The Council reconvened to open session and there were no closed session
announcements.
XIII. ADJOURNMENT to the meeting of May 13, 2009
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City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human
Resources Director; Charles Sakai, City Legal Counsel; Christina Turner, Finance