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Minutes 2009/06/01 City of Gilroy City Council Meetina Minutes June 1. 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 Anne Hawkins of the Bahai Faith. City Clerk Freels reported that the agenda had been posted on May 27, 2009 at 10:30 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 C. Proclamations, Awards and Presentations Mayor Pinheiro presented the May 2009 Volunteers of the Month Awards to the Kids Discover Arts Volunteer Artisans II. 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 Mark Starrit spoke on the need for Police and Fire to take reductions along with the rest of the City speaking on binding arbitration. He asked that the binding arbitration ballot measure be placed on the ballot to allow the Council to run the City they way it should be run. B. Presentation by the Garlic Festival Association Kirsten Carr, President of the Garlic Festival Association gave the presentation. 9069 C. Annual Presentation by the Historic Heritage Committee Roberta Hughan, Chair of the Commission, gave the presentation. III. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Bracco A. Consideration of a New South County Housing Loan Request Council Member Woodward stated that he owned a property in the subject subdivision. Motion on Item IILA. Motion on Item III.A. South County Housing Loan Request Motion: approve to Agendize for a Future Meeting for Review Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Peter Arellano, M.D.. Vote: Motion carried 5-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Bob Dillon recused: Council Member Perry Woodward Council Member Arellano asked if a June Council mini-summit was planned. Mayor Pinheiro spoke on agendizing a study session in July to go over the Council priority items. Council Member Woodward suggested future agenda items. Motion to Aaendize an Item on the Costs of Medical Benefits that the City Council Receives Annually Motion: approve staff report on the benefits that Council Members receive for health benefits with a survey of other Cities benefits for Council. Moved by Council Member Perry Woodward, seconded by Council Member Craig Gartman. Vote: Motion carried 5-2. Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco Motion to Aaendize a Study session on Bindina Arbitration Motion: approve a Study Session on binding arbitration on a night that nothing else is being discussed with Mr. Sakai present. Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro; Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco W.CONSENTCALENDAR A. Minutes of May 13, 2009 Special Meeting, May 18, 2009 Regular Meeting and May 20, 2009 Special Meeting B. Request for the Approval of a Traveling Tent Family Circus Show by Circo Hermano Caballero to be Held June 4th through the 7th, 2009 Motion on Consent Items A. B 9070 Motion to Approve Consent Items A and B Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Peter Arellano, M.D. 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 There were no bids or proposals. VI. PUBLIC HEARINGS A. General Plan Amendment to Amend the Hecker Pass Specific Plan to Allow Residential Development Within the Area Currently Designated as "Community Facilities" District; and Allocation of 15 Residential Units at a Property Located at 1690 and 1750 Hecker Pass Highway, APN's 810-20-003, 004-009, 011-013; 810-21- 001,002-005; 783-04-011, 018; 783-03-002,003,070; 783-02-004,009,010,020,026, 030-033, South Valley Community Church Applicant, GPA 07-05 The Staff report was presented by Planner II Durkin. The public hearing was opened. Ron Sessum with EMC Planning Group spoke on the Specific Plan EIR and mitigation measures. Bob Costamagna spoke on behalf of the applicant South Valley Community Church requesting that the Council continue the item. Susan Bassi spoke on behalf of the Hecker Pass Alliance speaking on protecting the Hecker Pass Specific Plan and requesting that the proposal not be approved. David Franklin spoke against the proposal speaking on the parking and impacts on his personal property. Ronald Kirkish spoke on the floods in the 80's and need to recognize the possibility in the future. Rob Onetto, consultant for the applicant, stated that the location was outside of the 100 year flood zone. He then spoke on the special exceptions for Specific then spoke on the issue of density and stating that it was very clear that the 2007 Council recommended was that the Specific Plan be used . He concluded by speaking on the letter provided by the Hecker Pass property owner's in support of the application. The public hearing was closed. Motion on Item VI.A. Motion: continue GPA 07-05 to the June 8, 2009 Regular Meeting Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 6-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D. B. A Public Hearing to Consider the Annual Destruction and/or Removal of Weeds and Refuse Constituting a Public Nuisance in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy City Code 1 9071 The staff report was presented by Fire Marshal Bretschneider. The public hearing was opened. There being no comments, the public hearing was closed. Motion on Item VI.B. Motion: to Adopt Resolution 2009-14 of the City Council of the City of Gilroy Ordering the Fire Chief to Abate the Nuisance Arising out of Weeds Growing and Refuse Accumulating upon Property in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy City Code Moved by Mayor Pro Tempore Dion Bracco, 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 VII. UNFINISHED BUSINESS There were no unfinished business items. VIII. INTRODUCTION OF NEW BUSINESS A. Street Tree Master Planting Plan and Street Tree Removal Policy The staff report was presented by Operations Division Manager Ruigh. Public comment was opened Connie Rogers spoke in support of the street tree ~policy and spoke on the use of the width of the park strip as the determination of the tree size. Rebecca Scheel, Chair of the Parks and Recreation Commission spoke on the drafting of the policy at the staff and Commission level. Public comment was closed. Motion on Item VIII.A. Motion: continue the item for one month to include a quantifiable width and a review with consideration to the consolidated landscaping policy. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 5-2. Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco B. Library Bond Oversight Committee The staff report was presented by City Engineer Smelser. There were no public comments. Motion on Item VIII.B. Motion: to Establish a Library Bond Oversight Committee composed of: 1 member of the Library Commission, 2 members of the Measure F Committee, 4 members of the public from the community at large - roles and responsibilities as stated in the staff report with a quarterly report, out of budget alert, and website information; and to establish a 3 Member Council ad-hoc committee for the Library Construction: Council Members Dillon, Bracco and Tucker to serve on the committee 9072 Moved by Mayor AI Pinheiro, seconded by Council Member 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 There were no reports. X. CITY ATTORNEY'S REPORTS There were no reports. XI. FUTURE COUNCIL INITIATED AGENDA ITEMS The Council agreed to move "Future Council Initiated Agenda Items" behind Council Members Reports at the top of the agenda calendar. Council Member Dillon asked to agendize an item on all-mail ballot elections. The Council agreed 6-1 to agendize a future item on all-mail ballot elections.(Council Member Arellano against) 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 Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Christina Turner, Finance Director; Dale Foster, Fire Chief; Denise Turner, Police Chief 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 Memorandums of Understanding: MOU Between City of Gilroy and The Firefighters Local 2805, IAFF Fire Unit; Petition for Representation of the Gilroy Management Association; MOU Between City of Gilroy and AFSCME, Local 101; MOU Between the City of Gilroy and Gilroy Police Officers Association, Inc. B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957, Gilroy City Code Section 17A.8 (a) (4) Name/Title: Thomas Haglund, City Administrator There were no Public Comment on Items XII.A and XII.B. "-O;"-~ The Council adjourned to Closed Session at 1 0:36 p.m. Closed Session Announcement: The City Council directed staff to continue negotiations with both the Police and Fire bargaining units, and continued closed session to Wednesday, June 3, 2009 if necessary. 1 9073