Minutes 2010/05/03
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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
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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.
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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.
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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.
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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
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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.
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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
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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;
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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
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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