Loading...
Minutes 2010/04/05 9182 City of Gilroy City Council Meetina Minutes April 5. 2010 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. City Clerk Freels report that the agenda had been posted on March 31,2010 at 12:00 p.m. Roll Call Present: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; 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 naming April, 2010 as Sexual Assault Awareness month. II. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION Joe Thompson spoke on the deadline for public comment on the EIR for the bullet train, Gilroy segment. He spoke on the public hearing with VTA and San Benito COG, and shared his objections to the plan as it was not favorable to south county residents. Mark Starit spoke in opposition to the bullet train sharing the inability to adjoin to other forms of transportation in Southern California. B. Library Commission Annual Presentation to Council The presentation was given by Carol Smith of the Library Commission. C. Presentation by Santa Clara Valley Water District The presentation was given by Richard Santos, Chair of the Santa Clara Valley Water District. III. REPORTS OF COUNCIL MEMBERS Council Member Woodward -....... A. Discussion of Placing a Measure on the Ballot Regarding Binding Arbitration for Fire Mayor Pinheiro explained that he had also agendized an item on the subject of binding arbitration explaining that the Council could discuss both items together. Council Member Woodward stated that he wished to begin the process to place a measure on the ballot rescinding binding arbitration for Fire. 9183 Mayor Pinheiro explained that he wished to place a measure on the ballot to rescind binding arbitration for police, for fire or for both police and fire. Failed Motion on Item II.A: Motion: to Direct Staff to Begin the Process to place a Measure on the Ballot for Binding Arbitration for Fire Made by Council Member Perry Woodward The motion died for lack of a second. Public comment was opened. Mark Starit spoke in support of placing such a measure on the ballot, sharing a civil Grand Jury report on the' City of San Jose Fire Department with regards to binding arbitration, and stated that cities were going out to bid for fire services to save costs. Susan Valenta spoke on behalf of the Chamber of Commerce requesting that the Council place a measure on the ballot repealing binding arbitration for public safety. She Shared the Chamber Board vote in support of a measure and explained that the Board had not yet voted whether or not to financially support a campaign to repeal binding arbitration. Ron Kirkish spoke on the financial condition of CalPers and need jfor the Council to be aware of the impacts of binding arbitration in the future. Public comment was closed. Failed Motion on Item II.A. Motion: to Direct Staff to Begin the Process to Place a Measure on the Ballot for Binding Arbitration for Fire and Police, with all three choices: fire only, police only, or both. Moved by Mayor AI Pinheiro, seconded by Council Member Bob Dillon. Vote: Motion failed 3-4. Yes: Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Cowrcil Member Craig Gartman; Council Member Perry Woodward Motion on Item II.A. Motion: to Direct Staff to Begin the Process to Place a Measure on th~/Ballot for Binding Arbitration for Fire Moved by Council Member Bob Dillon, seconded by Council Memb~r Perry Woodward. Vote: Motion carried 4-3. Yes: Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman Council Member Gartman A. Study Session April 12, 2010 to Discuss Going Out to Bid for all City Services Council Member Gartman spoke on the competitive bidding process for city services sharing the various entities which were currently providing such services and the potential cost savings. Public comment was opened. Joe Thompson spoke in support of privatizing such services and the history of keeping government services in the hands of private industry. He spoke on transportation and state mandates and suggested the need to re-examine privatization of transportation. Ron Kirkish suggested that the Council look at what would best serve the city, explaining 9184 that going out to bid to a for profit entity may not be best. Public comment was closed. The Council agreed to have the City Administrator review the item and put it in the queue. The Council took a 5 minute break. The meeting reconvened. Mayor Pinheiro asked to move Item IX.D. up the agenda following Future Council Initiated Agenda Items. The Council agreed to move the item. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Dillon suggested the Council take a position on proposition 16 and asked to agendize the item. The Council agreed to agendize the item. Council Member Bracco asked the Council to consider the time and make a decision to add a meeting a month or start meetings earlier explaining that the issue needed to be addressed at a future meeting. The Council agreed to agendize the item. MAYOR'S REPORT A. Discussion of Placing a Measure on the Ballot Regarding Binding Arbitration for Fire and Police The item was addressed under Council Member Woodward's report. IX. INTRODUCTION OF NEW BUSINESS D. Approval of Third Amendment to Single Tenant Lease Between the City of Gilroy and Gilroy Gardens Family Theme Park, Inc. Extending Lease to February 28, 2013 The staff report Was presented by City Administrator Haglund. There were no public comments. Motion on Item IX.D. Motion: to Approve Third Amendment to Single Tenant Lease Between the City of Gilroy and Gilroy Gardens Family Theme Park, Inc. to February 28,2013, and Authorize the City Administrator to Execute Lease Amendment Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman V. CONSENT CALENDAR A. Minutes of March 15,2010 Regular Meeting Motion on Consent Calendar Motion: to Approve Consent Calendar 9185 Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VI. BIDS AND PROPOSALS A. Award of Bid to Robinson & Moretti, Inc. for New Library Phase 1 Demolition Project in the Amount of $149,850.00; Project No. 10-CDD-172 The staff report was presented by City Engineer Smelser. There were no public comments. Motion on Item VI.A. Motion: to Approve Bid to Robinson & Moretti in the Amount of $149,850.00 for New Library Phase 1 Demolition Project and Authorization to City Administrator to Execute Documents Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VII. PUBLIC HEARINGS - None VIII. UNFINISHED BUSINESS A. An Ordinance of the City Council of the City of Gilroy Approving an Application for a Change in Zoning Designation from R3-PUD (Medium Density Residential- Planned Unit Development) to R3-PUD to Remove the Estate Lot Restriction on Approximately 3.81 Acres Located at the Southwest Corner of Santa Teresa Boulevard and Hecker Pass Highway (SR152), APN 810-66-012 The item was presented by Senior Planner Ketchum. Public comment was opened. Miguel Vasquez speaking on behalf of the applicant spoke on the repair timing suggesting that the Council consider moving the date for repair of the rolled curbs to one year from permit issuance, sharing the costs to the developer and need to finance the repair and time for state review. A property owner in the development asked if the timing of the repair would be pushed out asking if they could back out and not make the needed repairs. Public comment was closed. Motion on Item VIII.A. Motion: to draft language to the Ordinance that repairs be completed before the pulling of permits. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 4-3. Yes: Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Council Member Craig Gartman; Council Member Perry Woodward 9186 B. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Chapter 4, Entitled "Animals and Fowl" Pertaining to the Regulation of Dogs and Cats The staff report was presented by Police Chief Turner. There were no public comments. Motion on Item VIII.B. Motion: to Adopt Ordinance 2010-6 B an Ordinance of the City Council of the City of Gilroy Amending Chapter 4, Entitled "Animals and Fowl" Pertaining to the Regulation of Dogs and Cats Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro C. Animal Control Program Pet Licensing Contract with PetData, Inc. There were no public comments. Motion on Item VIII.C. Motion: to Approve Changes to Animal Control Program and Approval of Agreement for Animal Licensing Services with PetData, Inc. Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman IX. INTRODUCTION OF NEW BUSINESS A. Resolution of the City Council of the City of Gilroy Approving an Application for Grant Funds Under the Trails and Open Space Grant Program Under the Clean, Safe Creeks and Natural Flood Protection Program of 2000 Santa Clara Valley Water District Trails and Open Space, and Approval of $249,550.00 for the Lions Creek Trail Project The staff report was presented by Traffic Engineer Dey. There were no public comments. Motion on Item IX.A. Motion: to Adopt Resolution 2010-11 of the City Council of the City of Gilroy Approving an Application for Grant Funds Under the Trails and Open Space Grant Program Under the Clean, Safe Creeks and Natural Flood Protection Program of 2000 Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano, M.D. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Second Motion on Item IX.A. Motion: to Approve $249,000 for the lions creek trail 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.; Council Member Bob Dillon; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat 9187 Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Closure of City Offices to the Public on Non Furlough Fridays The staff report was presented by Human Resources Manager McPhillips. There were no public comments. Motion on Item IX.B. Motion: approve Closing City Offices to the Public on Non Furlough Fridays Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward C. Annual Report of the Open Government Commission Council Member Woodward asked to move the item to the next meeting. X. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund shared the Water District materials requested by Council during the earlier study session. XI. CITY ATTORNEY'S REPORTS There was no report. XII. CLOSED SESSION A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5); City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Dale Foster, Fire Chief; Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: MOU between the City and the Firefighters Local 2805 There were no public comments. The Council adjourned to closed session at 9:45 p.m. r'