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Minutes 2010/05/03 r I I I , City of Gilroy City Council Meetina Minutes May 3.2010 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 7:05 p.m. and led the pledge of allegiance The invocation was given by Shirley Azad of the Bahai Faith Community. City Clerk Freels announced that the agenda had been posted on April 30, 2010 at 1 :00 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 9196 B. Orders of the Day Mayor Pinheiro announced that Item V. E would need to be pulled from the agenda. He then requested that a closed session item be added that had developed following the posting of the evening's agenda, explaining that the Santa Clara Valley Water District had approved a redistricting which had a direct impact on the representation of south Santa Clara county. He further explained that he was requested the City Council enter into closed session on the item to address the possibility of initiating litigation against the Water District. He then explained that a 2/3 vote was required to do so and shared the title of the item: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation as Plaintiff, Pursuant to Government Code Section 54956.9(c) and Gilroy City Code Section 17A.8 (a) (3); 1 Potential Case Against Santa Clara Valley Water District City Attorney Callon explained the findings that the City Council would need to make to add the item to the evening's agenda. There were no public comments. Motion to Add Aaenda Item Motion: to Assert the Attorney/Client Privilege by holding Closed Session as Item X.II. 0 and moving XII. 0 to Item XII.E., Per Government Code Section 54954.2(b) Addition of Agenda Items Moved by Council Member Perry Woodward, 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 C. Proclamations, Awards and Presentations Mayor Pinheiro presented the proclamation recognizing May 9-15, 2010 as National Police Week Mayor Pinheiro presented the proclamation recognizing May, 2010 as Building Safety Month. Mayor Pinheiro presented the proclamation supporting Network for a Healthy California Bay Area Region. II. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA Joseph Thompson spoke on a lawsuit pending in San Benito County regarding violation of rights of citizens on the re-routing of Highway 152 and he then asked the Mayor if he was acting on behalf of the City of Gilroy at the meetings. III. REPORTS OF COUNCIL MEMBERS Council Member Arellano spoke on the recent ABAG meeting he had attended explaining that it was a review of SB375 to regionalize planning efforts to bring down the carbon footprint, and the request from ABAG for increased funding from cities. Council Member Woodward shared the recent VT A realignment of Morgan Hill and Gilroy that was in the final stages of execution. 9197 Council Member Dillon stated that there had been progress at the new library site with the removal of the trees on 6th street and steps towards demolition. MAYOR'S REPORT Mayor Pinheiro stated that he had provided Council with the maps of the re-alignment proposals for Highway 152 and then spoke on various locations of the meetings that had taken place. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS There were no Council initiated items. V.CONSENTCALENDAR Public comment was opened. Marc Perkel spoke on Item C regarding the opposition to Prop 16, sharing the benefits of city owned electric utilities. Public comment was closed. A. Minutes of April 13, 2010 Special Meeting C. Resolution 2010-12 of the City Council of the City of Gilroy Opposing the Proposed California Constitutional amendment Ballot Initiative Entitled "New Two-thirds Vote Requirement for Local Public Electricity Providers" and Known as Proposition 16 D. Approval of Conceptual Mural Design for the Temporary Fence at the Library Construction Site F. Amendment to Agreement with Santa Clara County for Household Hazardous Waste Services for FY 09/10 G. Agreement with Santa Clara County for Household Hazardous Waste Services for FY 10/11 H. Countywide AB 939 Implementation Fee Agreement Motion on Consent Calendar Items A. C. D. F. G & H Motion: to Approve Consent Calendar Items A, C, 0, F, G & H 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 B. Minutes of April 19, 2010 Regular Meeting Council Member Arellano recused himself from voting on the item, explaining that he had not attended the meeting and hadn't had the opportunity to review the full video. Motion on Consent Item B. Motion: approve Minutes of April 19, 2010 Regular Meeting Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 6-0-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Abstain: Council Member Peter Arellano, M.D. 9198 VI. BIDS AND PROPOSALS - None VII. PUBLIC HEARINGS A. A Public Hearing to Consider the Annual Destruction and/or Removal of Weeds and Refuse Constituting a Public Nuisance in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy City Code The staff report was presented by Fire Marshall Bretschneider. The public hearing was opened and there being no comment, the public hearing was closed. Motion on Item VitA Motion: to Adopt Resolution 2010-13 of the City Council of the City of Gilroy Ordering the Fire Chief to Abate the Nuisance Arising out of Weeds Growing and Refuse Accumulating upon Property in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy City Code Moved by Council Member Bob Dillon, 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 B. Approval of the Consolidated Plan 2010-2015 and 2010 Action Plan of the Consolidated Plan Pertaining to the Allocation of Community Development Block Grant Funding for FY 11. The staff report was presented by Housing and Community Development Manager Roaf. The public hearing was opened and there being no comment, the public hearing was closed. Motion on Item VII.B. Motion: to Approve the 2010-2015 Consolidated Plan and 2010 Action Plan of the Consolidated Plan 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 VIII. UNFINISHED BUSINESS A. An Ordinance of the City Council of the City of Gilroy Repealing and Readopting Section 28 of the Gilroy Zoning Ordinance Regulating Adult Businesses There were no public comments. - Motion on Item VlltA. Motion: to Adopt Ordinance 2010-07 of the City Council of the City of Gilroy Repealing and Readopting Section 28 of the Gilroy Zoning Ordinance Regulating Adult Businesses 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 9199 Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Chapter 16, Entitled "Offenses - Miscellaneous" by Amending Section 16.1 Pertaining to Cardrooms Mayor Pinheiro recused himself from deliberations on both items VIII. B and VIII. C, explaining that he provided insurance services for the business. He then left the dais. There were no public comments. Council Member Arellano stated that he would be rescuing himself from items VIII. B and VIII.C as he had not been in attendance nor reviewed the video of the previous meeting. Motion on Item VIII.B. Motion: to Adopt Ordinance 2010-08 of the City Council of the City of Gilroy Amending Chapter 16, Entitled "Offenses - Miscellaneous" by Amending Section 16.1 Pertaining to Card rooms Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 5-0-1-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward Absent: M.D.; Mayor AI Pinheiro Abstain: Council Member Peter Arellano C. Adoption of a Resolution of the City Council of the City of Gilroy Listing Permissible Cardroom Games, And Authorizing the Play of No Bust 21st Century Blackjack 5.1 and the Addition of Three Gaming Tables for a Trial Period of (6) Six Months There were no public comments. Motion on Item VIII.C. Motion: to Adopt Resolution 2010-14 of the City Council of the City of Gilroy Listing Permissible Cardroom Games, And Authorizing the Play of No Bust 21 st Century Blackjack 5.1 and the Addition of Three Gaming Tables for a Trial Period of (6) Six Months Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 5-0. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Mem.ber Perry Woodward Absent: M.D.; Mayor AI Pinheiro Abstain: Council Member Peter Arellano Mayor Pinheiro returned to the dais. IX. INTRODUCTION OF NEW BUSINESS A. Downtown Parking Waiver Program Council Member Woodward recused himself from the item explaining that he owned a home in the downtown area; he then left the dais. The staff report was presented by Planning Director Bischoff. Public comment was opened. 9200 Richard Spittler, President of the Gilroy Economic Development Corporation, spoke in support of the continued development of public parking lots in non-prime locations such as behind businesses to make sure there was adequate parking in the downtown areas. Public comment was closed. Motion on Item IX.A. Motion: to Direct Staff to come back with an extension of the parking waiver program. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 4-1-2. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Craig Gartman Absent: Council Member Bob Dillon; Council Member Perry Woodward B. Discussion of Planning Commission Minutes Council Member Woodward returned to the dais. The staff report was presented by Planning Director Bischoff. There were no public comments. Motion on Item IX.B. Motion: to return to summary Planning Commission minutes. Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 5-2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward No: Council Member Peter Arellano, M.D.; Mayor AI Pinheiro C. Discussion of the Length of Council Meetings and Possible Change to Meeting Start Time or Frequency per Month There were no public comments. Motion on Item IX.C. Motion: to Direct staff to take the necessary steps to provide notice of the change of the regular meeting start time to 6:00 p.m. from August through November, 2010. 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 X. CITY ADMINISTRATOR'S REPORTS ~~'~ There was no report presented. XI. CITY ATTORNEY'S REPORTS There was no report presented. XII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION; 9201 Significant exposure to litigation against the City of Gilroy: Pursuant to Government Code section 54956.9(b) (3)(C) and Gilroy City Code section 17A.11(c)(2); Original Claim of Golden Bay Construction, Inc. Against City of Gilroy: Rejected by City Council on March 3, 2008. City Attorney Callon explained that item XII.A was an anticipated litigation regarding a claim filed by Golden Bay and discussion of terms of settlement in closed. Motion on Item XII.A. Motion: to enter into closed session on Item XII. A 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.; 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. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT; Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.8 (5); Collective Bargaining UnitLocal 2805, IAFF Fire Unit Representing Gilroy Fire Fighters; City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Dale Foster, Fire Chief; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: MOU between the City of Gilroy and the Firefighters Local 2805 C. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT;Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5); Collective Bargaining UnitGilroy Police Officers Association, Inc. Representing Gilroy Police Officers; City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Denise Turner, Police Chief; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: MOU between the City of Gilroy and Gilroy Police Officers Association, Inc. D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation as Plaintiff, Pursuant to Government Code Section 54956.9(c) and Gilroy City Code Section 17A.8 (a) (3); 1 Potential Case Against Santa Clara Valley Water District Added to Agenda Pursuant to Government Code Section 54954.2(b) (2) and Gilroy Code Section 17 A.5 (f) (2) with a unanimous vote (7-0) City Attorney Callon explained that the initiation of litigation was against the Santa Clara Valley Water District regarding actions that they had recently taken that could potentially give rise to claims against the district. Motion on Item XII.D. Motion: to Adjourn to Closed Session on Item XII.D. Moved by Council Member Perry Woodward, 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 Council Member Woodward explained that he would recuse himself from deliberations on item XII.E. as he owned property near the subject site. E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR; Pursuant to Government Code section 54956.8 and Gilroy City Code section 17A.8 (a) (2); Properties: 7451/7453 Monterey Street, Gilroy, Ca.; Negotiators: Thomas Haglund, City Administrator; Rick 9202 Smelser, City Engineer; Under Negotiations: Price and Terms of Payment; There were no public comments on closed session items A, B, Cor D. The Council adjourned to closed session at 9:05 p.m. Closed Session Announcement: Direction was given to the City Attorney to initiate litigation against the Santa Clara Valley Water District regarding electoral redistricting decision. 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 inheiro