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.
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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
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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
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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
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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.
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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.
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