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Minutes 2009/09/21 T l City of Gilroy City Council Meetina Minutes September 21, 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 Ryan Azad of the Bahai' Community. City Clerk Freels reported that the agenda had been posted on September 16, 2009 at 11 :00 a.m.; the revised agenda posted September 17,2009 at 5:00 p.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 agenda changes. C. Proclamations, Awards and Presentations Mayor Pinheiro presented a Proclamation Honoring Gilroy Little League Girls Softball 12 and Under All-stars. Mayor Pinheiro presented a Proclamation Naming October 4th to the 10th, 2009 as Fire Prevention Week. Mayor Pinheiro read a Proclamation Naming Monday, September 28th, 2009 as Family Day - A Day to Eat Dinner with Your Children. II. PRESENTATIONS TO COUNCIL 9112 A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Kelly Ramirez of Applied Materials Silicon Valley Turkey Trot shared the event date and fund raising activities planned for Thanksgiving morning, inviting the Council to participate in the event. Chris Landis of Akeena Solar spoke on the Mayor's cup competition at the Turkey Trot. B. Physically Challenged Board of Appeals Annual Presentation to Council Walter Schinke, Chair of the Physically Challenged Board of Appeals, shared the annual report and recommendations. III. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Bracco stated that he and Council Member Dillon would be sitting the Council Library construction sub-committee would be meeting on Wednesday to conduct interviews for the construction management firm. Council Member Tucker stated that the meeting of the Housing Conservation Plan would be held later in the week. MAYORS REPORT Mayor Pinheiro shared the list of staff of various organizations invited to be in attendance at the Mayors Forum the coming Wednesday, September 23, 2009 at 2:00 p.m. in the Senior Center. He explained that he had asked citizens at large to contact him with their interest in attending the event. City Clerk Freels announced the names of the members of the public who had requested to attend the forum and the Council drew four (4) of the names. -- The four (4) members of the public chosen to participate in the meeting were: Libby Lai, Fred Zarghami, Ron Kirkish and Marc Perkel. City Attorney Callon suggested that Members of the Council who attended the Mayor's community forum not participate in the discussions, but simply attend to listen, as it was not an agendized Council meeting. Mayor Pinheiro then went on to suggest that the Council Members attempt to attend the 2010 League of California Cities Conference, explaining that he had attended the 2009 event using his own funds, and believed the Council should look at budgeting to attend the event the following year. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Dillon suggested staff look into having water bills paid on line. The Council agreed to agendize the future item. Council Member Arellano suggested that there be follow-up to the Physically Challenged Board of Appeals list of items that the City needed to addressed. - V. CONSENT CALENDAR A. Approval of 2010 City Council Regular Meeting Calendar T 9113 Motion on Consent Calendar Item A Motion: approve Consent Calendar Item A. Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 5-2. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Craig Gartman; Council Member Perry Woodward VI. BIDS AND PROPOSALS There were no bid and proposals. VII. PUBLIC HEARINGS There were no public hearing items. VIII. UNFINISHED BUSINESS There were no new business items. IX. INTRODUCTION OF NEW BUSINESS A. Report on Furlough Cost Savings The staff report was presented by City Administrator Haglund. There were no public comments. B. Selection and Appointment of Members to the Gilroy Youth Commission There were no public comments. Mayor Pro Tempore Bracco recused himself from voting on the item, explaining that he had not participated in the interview process. Motion on Item IX.B Motion: to Appoint Alessandra Filice, Cindy Kang, Charlenne Medina, Morgan Triolo, Erin Peddie to the Gilroy Youth Commission with Terms Expiring September 31,2011. 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 Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent: Mayor Pro Tempore Dion Bracco C. Selection and Appointment of Members to the Housing Advisory Board There were no public comments. Mayor Pro Tempore Bracco recused himself from voting on the item, explaining that he had not participated in the interview process. Motion on Item IX.C. Motion: to Appoint John Donahoe and Dennis Lalor to the Housing Advisory Board with Terms Expiring December 31, 2011 and September 30, 2011 respectively. Moved by Council Member Perry Woodward, seconded by Council Member Craig Gartman. 9114 Vote: Motion carried 6-0-1. Yes: 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: Mayor Pro Tempore Dion Bracco D. Modification of the Terms of the City Housing Trust Fund $240,000.00 Loan With EHC LifeBuilders for the Development of the Sobrato Homeless Shelter and Authorize City Administrator to Execute Related Documents Council Member Woodward recused himself explaining that he represented EHC LifeBuilders as legal counsel. He then left the Council Chambers. Housing Planner Tobin presented the staff report. Andy Payne of South County Housing spoke on the proposal. There were no public comments. D. Modification of the Terms of the City Housing Trust Fund $240,000.00 Loan With EHC LifeBuilders for the Development of the Sobrato Homeless Shelter and Authorize City Administrator to Execute Related Documents Failed Motion on Item IX.D. Motion: to Modify the Terms of the City Housing Trust Fund $240,000 Loan with EHC LifeBuilders for the Development of the Sobrato Homeless Shelter and Authorize the City Administrator to Execute Related Documents Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano, M.D.. Vote: Motion failed 3-3-1. Yes: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Mayor AI Pinheiro No: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman Absent: Council Member Perry Woodward "-"!If""" City Administrator Haglund spoke on the item. Failed Motion on Item IX.D. Motion: continue the item of the Terms of the City Housing Trust Fund $240,000 Loan with EHC LifeBuilders for the Development of the Sobrato Homeless Shelter and Authorize the City Administrator to Execute Related Documents to a subsequent meeting. Moved by Council Member Peter Arellano, M.D., seconded by Council Member Cat Tucker. Vote: Motion failed 3-3-1. Yes: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Mayor AI Pinheiro No: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman Absent: Council Member Perry Woodward X. CITY ADMINISTRATOR'S REPORTS - City Administrator Haglund spoke on setting a study session for a presentation by the California High Speed Rail Project representatives. ....-.....,.,. The Council agreed to the agendize the study session. XI. CITY ATTORNEY'S REPORTS There was no report. 9115 XII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section 17A.11(c) (1), Name of Case: City of Gilroy v. WLC Architects, Inc, et aI., Case No. CIV 471337, Superior Court, County of San Mateo City Attorney Callon stated that the Council was going into closed session on the item to not prejudice the City by discussing the details of the existing litigation in open session, explaining that staff would be providing an update on status of the litigation. There were no public comments. Motion to Adiourn to Closed Session on Item XII.A. Motion: approve to adjourn to closed session Moved by Council Member Perry Woodward, 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 The Council adjourned to closed session at 9:05 p.m. SHAWNA FRE City Clerk There were no closed session announcements.