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Minutes 2009/12/07 r City of Gilrov City Council Reaular Meetina December 7. 2009 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 7:07 p.m. and led the pledge of allegiance. The Invocation was given by Pastor Mark Turner of South Valley Community Church. City Clerk Freels report that the agenda had been posted on December1, 2009 at 5:30 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 a Proclamation Honoring Youth Health Advocates Program and Proyecto Movimiento. r 9136 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 Greg Correnti thanked the Council for their actions against MediLeaf stating that it was a bourdon on a city. Karin Clements spoke in support of the Council for shutting down MediLeaf, providing the Council with a petition of support circulated in the City. B. Annual Presentation of the Bicycle Pedestrian Commission Chair Thomas Muniz shared the presentation with Council. III. REPORTS OF COUNCIL MEMBERS Council Member Woodward shared the VT A south county district logistics for re- alignment stating that it had been under review and would be ratified by all cities in 2012. He then stated he had been appointed as the south county representative for 2010/2011. Mayor Pinheiro suggested that the Council cancel the December 21 st meeting and hold a meeting on the 14th for any business items. The council agreed. He then informed the Council that the January goal setting session was going to be rescheduled as Council Member Gartman could not attend The council agreed to reschedule the session. Mayor Pinheiro then stated that the next Mayor's round table event was scheduled for February 10th similar to the previous round table and asking for Council input, and then stated that the city needed more applicants for the personnel commission and the HHC. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Gartman: Review of prior City of Gilroy and Gilroy City Council actions pertaining to Medileafs applications for a business license and CUP with the City of Gilroy Council Member Gartman requested that Council agendize the discussion of the business license and CUP permit issues associated with the MediLeaf application on January 18th. City Attorney Callon suggested the Council not discuss the permitting process specific to MediLeaf as the City was in litigation with the group. Public comment was opened. Eric M..adigan shared a list of registered MediLeaf customers with the Council and then stated that Enterprise Security Services was providing security for the facility, and then spoke on the use of a Honeywell optical scanner. Public comment was closed. V. CONSENT CALENDAR A. Minutes of November 16, 2009 Regular Meeting I 9137 B. Claim of Verizon Wireless (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) C. Claim of Jose Perez (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) D. Approval of Design Services with Harley Ellis Deveraux to Provide Additional Documentation Required for the Library Demolition Contract Plans and Specifications not to Exceed Fifteen Thousand Dollars ($15,000); and Design Service Specification Changes for the Construction of the New Gilroy Library in the Lump Sum Amount of Ten Thousand Dollars ($10,000) Related to the Building Envelope and Authorization to the City Administrator to Execute Both Design Service Amendments E. Acceptance of $8,000.00 from Gilroy Tennis Club for the Resurfacing of Two Tennis Courts at the Las Animas Veterans Park F. Resolution 2009-43 of the City Council of the City of Gilroy in Support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 G. Approval of Extension of Agreement with the Housing Trust Fund of Santa Clara County Regarding a Contribution to the Santa Clara County Housing Trust Fund to December 31, 2010 Motion on Consent Calendar Items A. B. C. D. E. F and G Motion: approve consent items A, B, C, 0, E, F and G. Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. 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. Consideration of a Lease Agreement with the Theater Angels' Art League for Use of City Property Located at 7341 Monterey Street (Old Salvation Army Building) and Adjacent Ten (10) City-Owned Parcels, APN's 799-08-043, 44, 45, 46,47,48,49, 50, 51 and 60, for an Initial Term of 3 Years, Commencing on January 1, 2010 Motion on Item VI.A. Motion: to Approve Lease Agreement with Theater Angels Art League and Authorization to 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 - None VIII. UNFINISHED BUSINESS A. Approval of Library Construction Management Contract and Related Services with Nova Partners Inc., of Palo Alto for Construction of the Gilroy Library in the Amount of One Million Two Hundred Ninety-Nine Thousand Five Hundred Forty-one Dollars ($1,299,541.00) and Authorization to the City Administrator to Execute Related Documents 9138 The staff report was presented by City Engineer Smelser. There were no public comments. Motion on Item VIII.A. Motion: to Approve Contract with Nova Partners Inc., of Palo Alto and Authorization to the City Administrator to Execute Related Documents with staff recommendations as well as council recommendations. Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Perry Woodward IX. INTRODUCTION OF NEW BUSINESS A. Approval of Housing Affordability Agreement Amendment to Exhibit B, the Resale Restriction and Option to Purchase Agreement for Alexander Place Phase at the Cannery Development Council Member Woodward recused himself, stating that he owned property in the subject area. He then left the Council chambers. The staff report was presented by Affordable Housing Consultant Burns-Tobin Public comment was opened. Karen Saunders of Alexander Place spoke in support of the item. Public comment was closed. Motion on Item IX.A. Motion: to Approve Housing Affordability Agreement Amendment to Exhibit B, the Resale Restriction and Option to Purchase Agreement for Alexander Place Phase at the Cannery Development and Authorization to the City Administrator to Execute Related Documents 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.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro Absent: Council Member Perry Woodward B. Introduction of an Ordinance of the City of Gilroy Amending Chapter 13, Article VI, Entitled "Regulation of Massage Establishments and Massage Practitioners" The item was presented by Sergeant Kurt Ashley. -......... Motion on Item IX.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance INCLUDING the exclusion of manicure and pedicure in section (g) pg. 5 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 r I 9139 City Clerk Freels read the ordinance by title. Second Motion on Item IX.B. Motion: to Introduce an Ordinance of the City of Gilroy Amending Chapter 13, Article VI, Entitled "Regulation of Massage Establishments and Massage Practitioners" with changes. Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon. 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 C. Update on Animal Control and Dangerous Dogs The staff report was presented by Chief Turner. Public comment was opened. Yvonne Hyatt spoke on the problem with pit bulls in the city and her personal incident with a pit bull bite. She suggested the need for more animal control officers. Alan Stofford spoke in favor of stricter dog ordinance provisions. Patty Kahn spoke on the issues with pit bulls and their natural aggressive behavior stating that pit bulls should be strictly. Sharon Pepper spoke on the recent incident with her own dog having been killed by a pit bull. Public comment was closed. Motion on Item IX.C. Motion: Adopt recommendations of staff with one change to omit microchiping unless level 1-3 and add the strict liability provision. Vicious attack can be chasing someone into a house and biting a dog. Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Dion Bracco. 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 D. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Section 2A.2 of Chapter 2A of the Gilroy Municipal Code Adding Certain Sections Regulating Adult Businesses and Repealing Section 16.13-1 of the Gilroy Municipal Code Mayor Pinheiro asked the Council to agendize to a future meeting of January 25th. Motion to continue to January 25.2010 Motion: approve continue to the January 25,2010 regular meeting. Moved by Council Member Cat Tucker, 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 E. Adoption of an Emergency Ordinance of the City Council of the City of Gilroy Adding a New Article III, Sections 24.38 Through 24.45 to Chapter 24 of the Gilroy City Code, Which Implements the Provisions of the Digital Infrastructure and Video Competition Act of 2006, Codified in California Public 9140 Utilities Code Section 5800 Et Seq., Which the City is Required to Administer and Enforce Throughout the City The staff report was presented by Public Information Officer Kline. There were no public comments. Motion on Item IX.E. Motion: to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. 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 City Clerk Freels read the ordinance by title. Second Motion on Item IX.E. Motion: to Adopt Emergency Ordinance 2009-06 of the City Council of the City of Gilroy Adding a New Article III, Sections 24.38 Through 24.45 to Chapter 24 of the Gilroy City Code, Which Implements the Provisions of the Digital Infrastructure and Video Competition Act of 2006, Codified in California Public Utilities Code Section 5800 Et Seq., Which the City is Required to Administer and Enforce Throughout the City Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. 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 _."~, F. Introduction of an Ordinance of the City Council of the City of Gilroy Adding a New Article III, Sections 24.38 Through 24.45 to Chapter 24 of the Gilroy City Code, Which Implement the Provisions of the Digital Infrastructure and Video Competition Act of 2006, Codified in California Public Utilities Code Section 5800 Et Seq., Which the City is Required to Administer and Enforce Throughout the City Motion on Item IX.F. Motion: to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. 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 City Clerk Freels read the ordinance title. Second Motion on Item IX.F. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Adding a New Article III, Sections 24.38 Through 24.45 to Chapter 24 of the Gilroy City Code, Which Implement the Provisions of the Digital Infrastructure and Video Competition Act of 2006, Codified in California Public Utilities Code Section 5800 Et Seq., Which the City is Required to Administer and Enforce Throughout the City Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. 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 9141 Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro G. Joint Resolution of the City Council's of the Cities of Gilroy and Morgan Hill in Support of an Alternate Alignment for High Speed Train (HST) With Gilroy as the Preferred Station Location and US Highway 101 Through Morgan Hill as the Preferred HST Alignment in South Santa Clara County The staff report was presented by Traffic Engineer Dey. There were no public comments. Motion on Item IX.G. Motion: to Adopt Joint Resolution 2009-44 of the City Councils of the Cities of Gilroy and Morgan Hill in Support of an Alternate Alignment for High Speed Train (HST) with Gilroy as the Preferred Station Location and US Highway 101 Through Morgan Hill as the Preferred HST Alignment in South Santa Clara County Moved by Council Member Cat Tucker, 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 X. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund shared the staff report on the city environmental sustainability. He then spoke on a HLS grant for fire personnel and stated that he would be on vacation December 18th through January 1 st. XI. City Attorney's Comments There were none. XII. Adjournment at 10:42 p.m. A NA FREELS, CMC City Clerk