Minutes 2010/04/05
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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
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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.
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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
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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
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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
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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
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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.
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