Minutes 2009/09/14
City of Gilroy
City Council Meetina Minutes
September 14.2009
I. OPENING
Mayor Pinheiro called the meeting to order at 7:00 p.m. and led the Pledge of
Allegiance.
The Invocation was given by Pastor Malcolm McPhail of New Hope Community
Church.
City Clerk Freels announced that the agenda had been posted on September 9, 2009
at 11 :00 a.m.
Roll Call
Present:
Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Craig Gartman; Council Member Cat Tucker; Council Member Perry
Woodward; Mayor AI Pinheiro
Absent:
Council Member Dion Bracco
B. Orders of the Day .
There were no agenda changes.
C. Proclamations, Awards and Presentations
Mayor Pinheiro presented a Proclamation Naming September 17th-23rd, 2009 as
Constitution Week.
Mayor Pinheiro read the Proclamation Naming September 20th-26th, 2009 as
Childhood Cancer Awareness Week.
Mayor Pinheiro presented the 2010 Census Partner Proclamation.
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
Theresa Alvarado, a candidate for County Supervisor, introduced herself to the City
Council.
9107
B. Presentation on 2010 Census by Jesus Ruiz of the U.S. Dept. of Commerce
Mr. Ruiz presented the 2010 US Census process and statistics.
C. Arts and Culture Commission Annual Presentation to Council
Karen LaCorte, Chairperson of the Arts and Culture Commission, presented the
Commission's annual report.
III. REPORTS OF COUNCIL MEMBERS
Council Member Tucker spoke on the recent meeting of library oversight committee
stating that the City was on target and items would be coming back to the full Council
soon.
Council Member Gartman
A. Discussion of Sidewalk Repair Program Funding
Council Member Gartman spoke on funding for sidewalk repair and asked if Council
was interested in allocating more money for reimbursement to property owners who
were interested in the 80/20 program. He then suggested agendizing an item for a
budget transfer of $500,000. from City reserves to add more money to the sidewalk
repair program.
There were no public comments.
Motion on Item III.A. Council Member Gartman
Motion: approve agendizing $500,000 as a transfer from the reserve fund to the
sidewalk repair fund with a report on the fiscal impacts for Council action at a
subsequent meeting.
Moved by Council Member Craig Gartman, seconded by Council Member Perry
Woodward.
Vote: Motion carried 4-2-1.
Yes: Council Member Cat Tucker; Council Member Craig Gartman; Council
Member Bob Dillon; Council Member Perry Woodward
No: Council Member Peter Arellano, M.D.; Mayor AI Pinheiro
Absent: Council Member Dion Bracco
MAYOR'S REPORT
Mayor Pinheiro spoke on a recent meeting of the Highway 152/156/25 stakeholders,
including Council Members and Supervisors from San Benito County and Supervisor
Gage as well as VT A.
He then spoke on the upcoming Mayor's Community Forum scheduled on September
23rd from 2:00 p.m. to 6:00 p.m., at the Senior Center, sharing the invitees from over
20 community organizations. He then invited members of the community at large to
submit their names, explaining that the names of 4 members of the community would
be drawn to be invited to sit on the panel.
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Tucker asked for an update on the status of the previous requests
for future agendized items.
City Administrator Haglund stated that staff kept a list of the items and would provide
a status update.
V. CONSENT CALENDAR
There were no public comments.
9108
Motion on Consent Calendar Items A. B. E. F & G
Motion: to approve Consent Calendar items A, B, E, F, G
Moved by Council Member Perry Woodward, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6-0-1.
Yes: Council Member Peter Arellano, M.D.; Council Member Cat
Tucker; Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI
Pinheiro; Council Member Perry Woodward
Absent: Council Member Dion Bracco
A. Minutes of August 3, 2009 Regular Council Meeting
B. Claim of Claim of David Robeson (City Administrator recommends a "yes"
vote under the Consent Calendar shall constitute the denial of the claims)
E. Adoption of Ordinance 2009-04 of the City Council of the City of Gilroy
Approving Z 09-02, Amending Zoning Ordinance Section 51.32 "Notices" to
Increase the Area that is Included in the Public Hearing Notices, to Require
Re-noticing for Certain Continued Public Hearings and to Require That the
Applicant Install a Public Notice Sign on the Property That is the Subject of
the Public Hearing or Project Decision
F. Adoption of a Resolution 2009-37 of the City Council of the City of Gilroy
Releasing Unclaimed Checks Less than $15 to the City of Gilroy General
Fund Pursuant to California Government Code Section 50055 in the Total
Amount of $46.65
G. Declaration of 900 Square Feet of Artificial Turf and (1) One 2,000 lb. Bag of
Rubber Beads as Surplus Property and Authorization to Sell Surplus to Cal
Sierra Construction, Inc. for a Total Cost of $2,250.00
Motion On Consent Calendar Items C & D
Motion: to approve Consent Calendar Items C and D.
Moved by Council Member Cat Tucker, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-0-1.
Yes: Council Member Peter Arellano, M.D.; Council Member Cat
Tucker; Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI
Pinheiro; Council Member Perry Woodward
Absent: Council Member Dion Bracco
C. Adoption of a Resolution 2009-36 of the City Council of the City of Gilroy
Releasing Unclaimed Checks of More than $15 to the City of Gilroy General
Fund Pursuant to California Government Code Section 50053 in the Amount
of $8,763.20
D. Approval of the Write off of Uncollectible Delinquent Water and Sewer
Accounts in the Amount of $106,057.26.00
VI. BIDS AND PROPOSALS
A. Award of Federal ARRA Stimulus Sidewalk Repair Project, City Project No.
09-CDD-171/Federal Project No. ESPL-5034 (020) to JJR Construction, Inc. in
the Amount of $387,208.94 and Authorize City Administrator to Execute
Related Documents
The staff report was presented by Transportation Engineer Dey.
There were no public comments.
Motion on Item VI.A.
1
9109
Motion: to approve Award of Federal ARRA Stimulus Sidewalk Repair Project,
City Project No. 09-CDD-171/Federal Project No. ESPL-5034 (020) to JJR
Construction, Inc. in the Amount of $387,208.94 and Authorize City
Administrator to Execute Related Documents
Moved by Council Member Cat Tucker, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-0-1.
Yes: Council Member Peter Arellano, M.D.; Council Member Cat
Tucker; Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI
Pinheiro; Council Member Perry Woodward
Absent: Council Member Dion Bracco
VII. PUBLIC HEARINGS
There were no public hearing items.
VIII. UNFINISHED BUSINESS
A. Update on Medicinal Marijuana Dispensary Research and Possible
Regulatory Changes
The staff report was presented by Development Center Manager Abrams and
Sergeant Ashley.
Public comment was opened.
Kelly Jo Wend lent spoke on the medical needs of members of the community who
utilized medicinal marijuana dispensaries. She then shared the revenue to the City
that would be generated from the facility.
James Suner spoke on the level of Police revue in the planning process sharing the
need for a time frame for staff revue. He spoke on discussions with the Police Chief
and shared his relationship with the applicant as their consultant. He then stated that
the staff report was one-sided. He explained the difficulties with adhering to some of
the staff provided sample ordinances and shared ordinances from the cities of Santa
Clara and San Jose. He then asked that the application be deemed complete with a
zone text amendment, and asked that the application be under revue at the Planning
level.
City Attorney Callon spoke on the City's inability to govern the specific use, explaining
that the City did not have the ability with the current ordinances in place. She then
suggested that the better idea was to decide what the City wanted to do and then
move forward.
Ron Kirkish stated that the Council should be supporting the Police Department
recommendations in taking the time to create a valid ordinance.
Batzi Kabarovich, applicant, spoke on his proposal for the medicinal marijuana facility
stating that it would be of benefit to the community.
Public comment was closed.
Motion on Item VIII.A.
Motion: to hold a study session on October 12,2009 to revue current City
ordinances and create an ordinance for medicinal marijuana dispensaries, and
have City Attorney Callon work with staff to bring forward three (3) sample
ordinances from other cities.
Moved by Council Member Peter Arellano, M.D., seconded by Council Member
Perry Woodward.
Vote: Motion carried 5-1-1.
Yes: Council Member Peter Arellano, M.D.; Council Member Cat
Tucker; Council Member Craig Gartman; Mayor AI Pinheiro; Council Member
9110
Perry Woodward
No: Council Member Bob Dillon
Absent: Council Member Dion Bracco.
B. Consideration of the Acceptance of Community Oriented Policing Services
(COPS) Hiring Recovery Program Grant Award of $1,160,418.00 for the
Rehire of Three (3) Police Officers and Authorization to the City
Administrator to Execute Related Documents
The staff report was presented by Sergeant Jim Gillio.
There were no public comments.
Motion on item VIII.B.
Motion: to Accept the Oriented Policing Services (COPS) Hiring Recovery
Program Grant Award of $1,160,418.00 for the Rehire of Three (3) Police
Officers and Authorize the City Administrator to Execute Related Documents
Moved by Council Member Craig Gartman, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-0-1.
Yes: Council Member Peter Arellano, M.D.; Council Member Cat
Tucker; Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI
Pinheiro; Council Member Perry Woodward
Absent: Council Member Dion Bracco.
IX. INTRODUCTION OF NEW BUSINESS
A. Approval of Agreement with Gilroy Unified School District (GUSD) for School
Resource Officer Reinstatement and Authorization to the City Administrator
to Execute Related Documents
The staff report was presented by Sergeant Jim Gillio.
There were no public comments.
Motion on Item IX.A.
Motion: to Approve the Agreement with Gilroy Unified School District (GUSD)
for a School Resource Officer Reinstatement and Authorization to the City
Administrator to Execute Related Documents
Moved by Council Member Craig Gartman, seconded by Council Member Peter
Arellano, M.D..
Vote: Motion carried 6-0-1.
Yes: Council Member Peter Arellano, M.D.; Council Member Cat
Tucker; Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI
Pinheiro; Council Member Perry Woodward
Absent: Council Member Dion Bracco
X. CITY ADMINISTRATOR'S REPORTS
There was no report.
XI. CITY ATTORNEY'S REPORTS
There was no report.
XII. CLOSED SESSION
A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNITS
Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (d)
City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City
Human Resources Director
Collective Bargaining Units: Gilroy Police Officers Association, Inc. Representing
9111
Gilroy Police Officers; Gilroy Management Association, Representing Employees
Designated as "Exempt", Excluding Confidential and Council Appointed Employees;
Gilroy Unrepresented Exempt Employees
Anticipated Issue Under Negotiation: Benefits, Memorandums of Understanding:
MOU Between the City of Gilroy and Gilroy Police Officers Associat!on, Inc., Petition
for Representation of the Gilroy Management Association
There were no public comments.
The Council adjourned to Closed Session at 9:25 p.m.
There'were no closed session announcements.