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Minutes 2010/09/13 City of Gilroy City Council Meetina Minutes September 13. 2010 I. OPENING A. Call to Order Mayor Pinheiro called the regular meeting to order at 7:15 p.m. and led the pledge of allegiance. The invocation was given by Pastor Bill Hawkins of the New Hope Community Church. City Clerk Freels reported that the agenda had been posted on September 8, 2010 at 10:30 a.m. Roll Call Present: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent/Excused: Council Member Peter Arellano, M.D. B. Orders of the Day There were no agenda changes. C. Proclamations, Awards and Presentations ...... Mayor Pinheiro presented a proclamation honoring the Gilroy Jr. League All-Star Softball Team for their 4th Place win in the Little League World Series. """',~~ The City Council presented t-shirts to the team members. Mayor Pinheiro read a proclamation naming September 27,2010 as "Family Day". Mayor Pinheiro read a proclamation recognizing September 26th through October 2nd as "Sea Otter Awareness Week". 9253 II. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBE.RS OF THE PUBLIC ON ITEMS NOT ON THE AGENiDA, BUT WITH:liN THE SUBJECT MATTER JURISOICTlON OF THE CITY COUNCIL Ron Kirkish spoke on Proposition 19, suggesting the Council support the "No on Proposition 19:" campaign by adoptin9 a resolution at the next Council meeting: in support of the campaign efforts. B. Planning Commission Annual Presentation to Council Chairman Jim Gai,liey gave the annual presentation. III. REPORTS OF COUN,CliL MEMBERS Council Member Tucker sent her prayers and thoughts to the residents of the City of San Bruno, and then spoke on the Red Cross blood drive efforts. MAYOR'S REPORT Mayor Pinheiro announced that he would be attending the League of California Cities annual conference later in the week, and expliained that he was paying for his registration and hotel accommodations with his campaign funds. IV. FUTURE COUNICIL INI'TliATED AGENDA ITEMS A. 2010 Bicycl:e Pedestrian Commission InUi:ati:ves - Mayor Pinhei:ro Mayor Pinheiro suggested the Council support the efforts of the Bicycle Pedestri:an Commi'ssion permi,tting the staff time and fundingl availlabiHty. Mayor Pinheiro then sugg,ested agendizing an item on the October 4th to support the efforts in opposition to Proposition 19. Then majority of the Councill agreed to agendize the item (Councill Member Gartman aglainst). Council Member Woodward asked to agendize an iltem on the response time for staff who are first responders in the city. The Council agireed to ag:endize the i:tem. Councill Member Tucker asked to agendi!ze an item on identifilcation of old gas l,ine in Gi,lroy. The Councill aglfeed to ag:endi,ze the item. Mayor Pinheiro spoke on the public Smart Meter meeting being conducted by PG & E in the Cilty, asking ilf staff would coordinate the same presentation fOIl" the Coundll. The Councill agreed to agendi!ze the item. V. CONISENT CALENilllAR A. Mlhmtes of Jul.y 19', 20110 Regula,r Mleetilng' B.. Mlinutes of AUgiust 2, 20110 Regular Meeti,ng C. M'ilnutes of August 9, 20,10 Specilal Meetilngl 9254 D. Minutes of August 17, 2010 Special Meeting E. Minutes of August 26,2010 Special Meeting F. Notice of Acceptance of Completion, Camino Arroyo Bridge Phase II, Project No. 08-CDD-154 G. Transfer of $361.00 of Interest Income from Museum Vase Endowment to the Gilroy Museum Trust Account H. Claim of Regency Centers Corporation and Regency Realty Group, Inc. c/o Lewis, Brisbois, Bisgaard & Smith LLP (City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) I. Property Improvement Agreement No. 2010-01, and Final Map for Tract No Tract 9909 - Ronan Subdivision, KB Home South Bay, Inc., a California Corporation; APN 790-16-057 Motion to Approve Consent Calendar Motion: to Approve the Consent Calendar Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob Dillon 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 Absent: Council Member Peter Arellano, M.D. VI. BIDS AND PROPOSALS There were none. - VII. PUBLIC HEARINGS There were none. VIII. UNFINISHED BUSINESS A. Adoption of An Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code, Article VI Entitled "Seismic Safety", Section 6.45 Extending the Deadline to Complete Mitigation Program for Unreinforced Masonry Buildings and the Imposition of Penalties to December 31, 2010 Council Member Gartman recused himself from deliberating on the item, explaining that he rented an office in the downtown area. He then left the Council chambers. Motion on Item VIII.A. Motion: to adopt Ordinance 2010-15 of the City Council of the City of Gilroy Amending the Gilroy City Code, Article VI Entitled "Seismic Safety", Section 6.45 Extending the Deadline to Complete Mitigation Program for Unreinforced Masonry Buildings and the Imposition of Penalties to December 31, 2010 Vote: Motion carried 5-0-2 Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon, Council Member Cat Tucker, Council Member Perry Woodward; Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D, Council Member Craig Gartman -- IX. INTRODUCTION OF NEW BUSINESS A. Reinstatement of Residential Development Ordinance Performance Agreements for RD 99-15, RD 99-16, RD 01-16 and RD 01-22, Rancho Hills/Deer Park Subdivision, APN's 783-20-055, 783-20-056 and 783-20-058 l I 9255 (c/o John Filice, Glen Loma Corporation> The staff report was presented by Planner II Durkin. City Attorney Callon explained that she had a potential professional conflict of interest with Arcadia Co. who was a party in the proposal, explaining that she was awaiting waivers from her firm and Arcadia Development Co. to allow her to continue to represent the City on the issue, and would not be providing the Council with legal advice on the item that evening. Council Member Tucker stated that she would need to recuse herself from the deliberations on the item as she was unsure if the proximity of her home would be a conflict. Public comment was opened. Brad Durga of Arcadia Development Co. explained that the RDO's had lapsed without their knowledge and they were in default. He stated that the market had dropped, which had caused them to hold off on the development, and further explained that at the present time, they wanted to move forward with the development and begin construction as soon as possible. Public comment was closed. Motion on Item IX.A. Motion: to continue the items to the next meeting on September 20, 2010. Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker 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 Absent: Council Member Peter Arellano, M.D. B. Property Improvement Agreement No. 2010-02, Landscape Improvement & Maintenance Agreement, and Final Map for Tract No. 9966 Deer Park III, John M. Filice Family Trust and Lewis, Dick, & Brunson, LLC; APN's 783-20-055 and 783-20-056 The item was continued to the next meeting during Item IX.A. C. Extension of the Downtown Fee Elimination Program Council Member Gartman recused himself from deliberating on the item stating that he rented a property in the downtown area that would directly benefit from the program. He then left the Council chambers. The staff report was presented by Development Center Manager Abrams. Public comment was opened. James Suner spoke on the program sharing the need for a nexus study. Public comment was closed. Motion on Item IX.C. Motion: to Direct Staff to Prepare an Ordinance Extending the Downtown Fee Elimination Program an Additional Two Years, and to include additional information as requested. Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker Vote: Motion carried 5-0-2 9256 Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon, Council Member Cat Tucker, Council Member Perry Woodward; Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D.; Council Member Craig Gartman D. Status Report on the Climate Action Plan and Request for a City Council Representative to the Stakeholder Advisory Committee The staff report was presented by Senior Planner Stan Ketchum. There were no public comments. Motion on Item IX.D. Motion to continue the item to the next meeting. Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward Vote: Motion carried 5-1-1 Yes: : Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon, Council Member Cat Tucker, Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman Absent: Council Member Peter Arellano, M.D. E. Use of iPads and Other Electronic Devices for the Delivery of Meeting Packets The staff report was presented by City Clerk Freels. City Attorney Callon suggested that the Council consider development of a policy on electronic communications, explaining that it was beneficial when defending the City. Motion on Item IX.E. Motion: to develop a policy on the use of electronic devices at the dais to allow Council to move forward with using electronic packets. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob Dillon 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 Absent: Council Member Peter Arellano, M.D. X. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund announced that there would be a Council candidate orientation session held on September 21st. XI. CITY ATTORNEY'S REPORTS There was no report. ADJOURNMENT TO THE MEETING OF SEPTEMBER 20,2010 The Council adjourned at 9:15 p.m. -