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Minutes 2009/10/05 r City of Gilroy City Council Meetina Minutes October 5. 2009 I. OPENING Mayor Pro Tempore Bracco called the meeting to order at 7:06 p.m. and led the pledge of allegiance. The Invocation was provided by Pastor Mark Turner of South Valley Community Church. City Clerk Freels reported that the agenda had been posted on September 30, 2009 at 10:00 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 Pro Tempore Dion Bracco Absent/Excused: Mayor AI Pinheiro B. Orders of the Day Mayor Pro Tempore Bracco announced that the closed session was pulled from the agenda. C. Proclamations, Awards and Presentations Mayor Pro Tempore Bracco presented the Volunteer of the Month Award for July, 2009 to Senior Center Volunteer Vince Saso 9116 Mayor Pro Tempore Bracco read of the Volunteer of the Month Award for August, 2009 to Adopt-A-Spot Volunteer AI Lujan 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 Dina Campeau of the South County Collaborative spoke on the group effort of the Police Department and other agencies in the community to develop housing for the homeless in the community and asked for support of the Sobrato Center. David Cox spoke on homelessness in the community and goals of South County Housing. B. Annual Planning Commission Presentation to Council Chairman Thomas Boe gave the presentation. III. REPORTS OF COUNCIL MEMBERS Council Member Tucker explained that she had been appointed to the Cal Trans citizen advisory committee as the south county representative and then spoke on the Habitat Conservation Plan meeting. Council Member Dillon A. Discussion and Direction to Reconsider the Modification of the Terms of the City Housing Trust Fund loan to EHC LifeBuilders for the Development of the Sobrato Homeless Shelter for Council Consideration at the October 19,2009 City Council Meeting Council Member Woodward recused himself from discussion of the item explaining that he provided legal services to EHC. He then left the Council Chambers. Council Member Dillon requested that the item return for Council consideration. The Council agreed to bring the item back at the following meeting. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Tucker asked that the first quarter financial report be agendized as requested at a previous meeting. V.CONSENTCALENDAR A. Minutes of September 14, 2009 Regular Meeting B. Minutes of September 21, 2009 Regular Meeting C. Notice of Acceptance of Completion, Traffic Signal Modification at Church and Tenth Streets; Project No. 09-CDD-159 - D. Open Recruitment for One (1) Open Seat on the Housing Advisory Committee for a Local Housing Developer with a Term Ending September 30, 2011 E. Notice of Acceptance of Completion, Camino Arroyo Bridge Project, Phase I; Project No. 07-CDD-141 Motion on Consent Calendar r~~ 9117 Motion: to Approve Consent Calendar Items A, B, C, 0 & E Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D. 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 Pro Tempore Dion Bracco Absent: Mayor AI Pinheiro VI. BIDS AND PROPOSALS A. Approval of the Selection of Nova Partners, Inc. as Library Construction Management and Related Services Professionals for the Construction of the New Gilroy Library, Request for Proposal NO. 10-RFP-CDD-342, and Authorization to the City Administrator to Initiate Contract Negotiations for These Services, and if Unsuccessful, to Initiate Negotiations with the Second or Third Ranked Construction Management Firms The staff report was presented by City Engineer Smelser. There were no public comments. Motion on Item VI.A. Motion: approve Motion to Approve the Selection of Nova Partners Inc. for Library Construction Management and Related Services and Authorization to the City Administrator to Initiate Contract Negotiations, and if Unsuccessful, to Initiate Negotiations with the Second or Third Ranked Firms Moved by Council Member Peter Arellano, M.D., 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 Pro Tempore Dion Bracco Absent: Mayor AI Pinheiro VII. PUBLIC HEARINGS There were no public hearing items. VIII. UNFINISHED BUSINESS A. Unreinforced Masonry Building (URM) Ordinance Task Force Report and Discussion of Extension of Imposition of Penalty for Non-compliant Buildings The staff report was presented by Development Center Manager Abrams. There were no public comments. City Attorney Callon spoke on creation of the ordinance and timing of its implementation. Motion on Item VIII.A. Motion: to Direct Staff to Prepare an Ordinance Extending the Imposition of the Penalty for Non-compliant Buildings from November 16, 2009 to April 1 , 2010 Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. 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 Pro Tempore Dion Bracco Absent: Mayor AI Pinheiro 9118 IX. INTRODUCTION OF NEW BUSINESS A. Report on South Santa Clara County Area Fire Protection and Emergency Medical Service Study The staff report was presented by Fire Chief Foster. Motion on Item IX.A. Motion: Receive report and move forward with direction provided by the Ad-hoc Committee Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon. 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 Pro Tempore Dion Bracco Absent: Mayor AI Pinheiro ."",... X. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund explained that the California High Speed Rail group was available to attend the November 2, 2009 Council Meeting to provide a presentation to the City Council. XI. CITY ATTORNEY'S REPORTS There was no report. 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 The Item was pulled from the agenda during orders of the day. ADJOURNMENT at 7:56 p.m.