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Minutes 2009/11/16 City of Gilroy City Council Meetina Minutes November 16. 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 Father Dan Derry of Saint Mary's Catholic Church. City Clerk Freels announced that the agenda had been posted on a November 12, 2009 at 1 :30 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 the Volunteer of the Month Award for September 2009 to the Gilroy Church of Latter Day Saints. Mayor Pinheiro presented a Proclamation Naming November 22nd - 28th, 2009 as National Family Week. 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 Mayor Pinheiro shared the parameters of the closed session item to be held later. City Attorney Callon explained that public comment would be taken on the closed session item prior to the Council entering into closed session. Public comment was opened. Jack Thurman addressed the City Council regarding a ticket he had received for a dog off a leash. He explained that the fine was too high at $174.00, asking for a reduction in the fine and sharing a copy of the ticket with Council. City Administrator Haglund explained that the dog ordinance item would be addressed by Council in a future study meeting, and staff would provide information on the issue of 9132 off leash citation fees. B. Parks and Recreation Commission Annual Presentation to Council Chairperson Scheel gave the presentation. Public comment was opened. Leon Broussard spoke on the running path at Christmas Hill park and issues regarding a missing grate that he had reported to the city. Public comment was closed. III. REPORTS OF COUNCIL MEMBERS Council Member Gartman A. Open Negotiations with Fire Local 2805 to Change the Memorandum of Understanding (MOU) to Allow all Three (3) Stations to Operate with a Minimum of Three (3) Fire Personnel at Any Time Council Member Gartman presented the item. There were no public comments. Motion on Item IIl.A. Council Member Gartman Motion: to Direct the City Administrator to Open Negotiations with Fire Local 2805 to Change the Memorandum of Understanding (MOU) to Allow all Three (3) Stations to Operate with a Minimum of Three (3) Fire Personnel at Any Time Moved by Council Member Bob Dillon, 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 Council Member Dillon requested that 6th street be closed for future celebrations for Veterans Day. Council Member Gartman announced his step son was entering the Navy. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Arellano asked to agendize an item in anticipation of future building in Gilroy and the possibility of allowing RDO allocations for smaller projects. Council Member Arellano then suggested agendizing an ordinance prohibiting tobacco sales near schools. The Council agreed to agendize the item. V. CONSENT CALENDAR .... A. Minutes of November 2, 2009 Regular Meeting _......... B. Claim of Mike and Vickie Sakamoto (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) C. Claim of Kristi Mercurio (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) 9133 D. Acceptance of Grant Deed from Thomas Road Properties L TD, Parcel A of Tract No. 8663, The Vineyards Unit No.1, APN 808-38-044, Known as Babbs Creek Park E. Approval of Lease Payment in the Amount of $336,874.34 for Temporary Library Facility Motion on Consent Calendar Items A. B. C. D. E Motion: to approve consent agenda items A, B, C, 0 and E Moved by Council Member Cat Tucker, 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 VI. BIDS AND PROPOSALS A. Award of Sidewalk Improvement Project - City Project No. 09-CDD-166, and Curb Ramp Improvement Project - City Project No. 09-CDD-165165 to JJR Construction, Inc. in the Total Amount of $87,941.00, and Authorize the City Administrator to Execute Related Documents The staff report was presented by Traffic Engineer Dey There were no public comments. Motion on Item VI.A. Motion: to Approve Award of Sidewalk Improvement Project No. 09-CDD-166 and Curb Ramp Improvement Project No. 09-CDD-165165 to JJR Construction, Inc. in the Total Amount of $87,941.00, and Authorize the City Administrator to Execute Related Documents Moved by Council Member Bob Dillon, 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 VII. PUBLIC HEARINGS There were no public hearing items. VIII. UNFINISHED BUSINESS There were no unfinished business items. IX. INTRODUCTION OF NEW BUSINESS A. Fiscal Year 2009-2010 First Quarter Budget Review The staff report was presented by Finance Director Turner. There were no public comments. X. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on issues the Council had raised regarding unpaid garbage billing explaining that a $250 deposit would be required for garbage customers, the process of emailing property owners for delinquent tenant bills could be accomplished, and the suggestion that a property owner be able to gain access to a tenant's bill could not be accomplished. 9134 XI. CITY ATTORNEY'S REPORTS XII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of Litigation pursuant to Government Code Section 54956.9(c) and Gilroy Open Government Ordinance Sec. 17A.11(c)(2) MediLeaf Medical Cannabis Collective Dispensary and/or UR Health & Wellness Center, and all persons connected thereto, collectively "MediLeaf', and owner of property at 1321-B First Street, APN 790-43-017 Public comment was opened. Michael Gonzales spoke in support of the medicinal marijuana facility. Sam Burks spoke in support of the medicinal marijuana business. Tony Light spoke in support of the medicinal marijuana business. Rich Dieitc spoke in support of the medicinal marijuana facility. Leon Broussard spoke in support of the medicinal marijuana facility. Eric Madigan spoke in support of the medicinal marijuana facility. Ryan McBride spoke in support of the medicinal marijuana facility. Ron Kirkish spoke against the medicinal marijuana facility. Michael John Adair spoke in support of the medicinal marijuana facility. Dennis Trimble spoke in support of the medicinal marijuana facility. Marc Perkel spoke in support of the medicinal marijuana facility. Peter Channing Wells spoke in support of the medicinal marijuana facility. Denise Apuzzo spoke in support of the medicinal marijuana facility. Kelly Jo Wendlandt spoke in support of the medicinal marijuana facility. Javier Patterson spoke in support of the medicinal marijuana facility. Lisa Correnti spoke against the medicinal marijuana facility. Public comment was closed. City Attorney Callon explained that the City Code required the Council to vote to enter into closed session on the item, explaining that the Council was holding the discussion of anticipated litigation in closed session as it would jeopardize the City if the discussions were held in open session and would dramatically affect the City's position if the information was discussed in open session. She then explained that the closed session announcement would be made when the Council came out of closed session, and all supporting documents would be provided as well. - Motion to enter into closed session on Item XII.A. Motion: to enter into Closed Session on Closed Session Item XII.A. Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 4-3. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Council Member Craig Gartman; Council Member Perry Woodward 9135 The Council reconvened to open session at 10:00 p.m. Closed Session Announcement: Mayor Pinheiro announced that 4 of the 7 members of the City Council attended the closed session (Council Members Arellano, Gartman and Woodward absent); within the closed session, the discussion was only regarding the particular business operating without the proper licenses and outside of the laws of the City of Gilroy. He further explained that the Council adopted the following resolution in closed session: RESOLUTION NO. 2009-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE CITY ATTORNEY TO TAKE ALL NECESSARY ACTIONS TO ENJOIN MEDICAL MARIJUANA DISPENSARY ACTIVITIES BY MEDILEAF AND ITS AFFILIATES AT 1321-B FIRST STREET, APN: 790-43-017, OR AT ANY OTHER LOCATION WITHIN THE CITY OF GILROY; by the following vote: AYES: COUNCILMEMBERS: BRACCO, DILLON, TUCKER and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ARELLANO, GARTMAN, WOODWARD The meeting adjourned at 10:03 p.m. ()