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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.