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Minutes 2010/10/18 r---- City of Giillro,v City Council Meeting Miinutes, October 18.,2010 I'. OPENING A. Callll to Order Mayor Pinheiro called the meeting to order at 6:03 p.m. and led the Pledge of Alleg:iance. City Clerk Freels reported that she had posted the agenda on October 13,2010 at 10:30 a.m. Ro1111Ca1111 Present: Mayor P'ra Tempore Cion Bracco,; Counciill Member Bob D'iillllo,n;: Co,uncil M!ember Craig Gartman;: Coull1ciil Member Cat Tucker; Mayo,r AE Pinheiro, Absent/Excused: Council' Member Peter Arellano, MI.,D.,; Councilll Member P'eny Woodward B., Orders 01 the Day Mayor Pinheiro announced that Council Member Woodward was stuck in traffic due to. an accident on Highway 101, and further explained that the study session would be del,ayed: due to the same traffic issues. Council Member Tucker asked to move New Business Item IX. A following: Item IlK D. The Council agreed to move the item. 9270 Mayor Pinheiro asked to move Item VII.A. up the agenda following Orders of the Day explaining, that the City had received a request to continue the item to November 15, 2010. The Council agreed to move the item. c., Procl'amations, Awards and Presell1tations There were none. VII. PUBLIC HEARIINGS A. Publ:ic Hearill1g to CO'lI1sider Oecliaring the Property at 1515 Wel'burll1 Avenue" Gilroy (APN 783 23 028) a Public Nuisance and to, Order the City Admiini,strator to Abate Such Nuisance or Cause the Same to be Abated Pursuant to Gilro,y City Code Sectio,n 5,B.23 Mayor Pinheiro opened the public comment, there being. no comments public comment was closed. Motion on Item VitA. Motion: to cOll1tinue the Item to the November 1,5,2010 Reguliar Meeting, Moved by Council Member Bob D'iilil'on, seconded by Counci:l! Member Cat Tucker. Vote: Motion carried 5-0-2. Yes: Mayor Pro Tempore Di,on Bracco; Council Member Bob Dillon; Council Member Craiig Gartman; Council Member Cat Tucker; Mayor AI Pi,nheiro, Absent: Council Member Peter Arellall1o, M.D.; Council Member Perry Woodward II. PRESENTATIONS TO COUNCil A. PUBLI!C COMMENT BY MEMB,ERS OF THE PUBLIC ON liTEMS NOoT ONi THE AGENDA, BUT WITHIIN THE SUBJIECT MAlTER JURIISOICTION OF THlE CITY COUNCI'L There were no public comments. C. Housing Advisory Committee Annual Presentation Council Member Peter Arellano, M.D. joined the meeting. at 6:09 p.m. The presentation was given by John Donahue of the Housing Advisory Committee. D. Presentation on the Great California Shake-out October 21st at 110:21 a.m.. The presentation was given by Gilroy Fire Captain Roy Shackle. IU. REPORTS OF COUNClil MEMBERS There were none. IV. FUTURE COU'N'CI!L INITIATED AGENDA. ITEMS Council Member Arellano asked to bring back the residential blight ordinance in response to the increasing blight issues with all of the home foreclosures. -- The majority of the City Council agreed to agendize the item (Council Member Dillon against). Council Member Dillon suggested agendizing an item on the litigation the cities of Menlo Park, Palo Alto, Atherton and others had filed against the High Speed Rail Authority to identify the benefrts of joining the lawsuit, and the attorney costs that would be incurred. The majority of Council agreed to agendize the item (Council Member Arellano and Mayor Pinheiro against). 9271 V. CONSENT CALENDAR A. Mi,nutes of the October 4, 2010 Regular Meeting B. Request by Circa Hermanos Cabal!l!ero for the App,ro,val' of a. Traveling Tent FamUy Circus Show October 20, 2010 to October 27, 2010 Motion on Item V.B. Motion: to approve the consent calendar Moved by Council Member Bob Dinan, seconded by Council: Member Cat Tucker. Vote: Motion carried 6-0-1. Yes: Council Member Peter AreUano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro Absent: Council Member Perry Woodward VI. BIDS AND PROPOSALS There were none. VIII. UNFINISHED BUSINESS A. Electronic Commull1ications Policy for City Council, Commission, Board and Committee Open Public Meetings That Are Subject to the Brown Act The staff report was presented by City Clerk Freels. There were no public comments. Motion on Item VIII.A Motion: to Adopt an Electronic Communicatioll1s Policy for City Council, Commissiio'lI1, Board and Committee Open Public Meeti:ngs That Are Subject to the Brown Act Moved by Mayor Pro Tempore D'ion Bracco, seconded by Council Member Cat Tuck.er. Vote: Motion carried 6-0-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Diion Bracco;. Council Member Bob DUlon; CouncU Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro Absent: Coull1cil Member Perry Woodward IX. INTRODUCTION OF NEW BU'SI:NESS B. Approval of an A.greement with the City of Morgan Hill to Create a Regionalized Poli,ce Tactical Team The staff report was presented by Police Chief Turner. There were no public comments. Motion on Item IX.B. Motion: to Approve an Agreement with the Ci,ty of Morgan Hill for Joint Police Ta.ctical Services all1d Authori,zation to the City Administrator to Execute Rel!ated Documents Moved by Council Member Craig Gartman,. seconded by Co,uncil Member Cat Tucker.. Vote: Motion carried 6-0-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro Absent: Council Member Perry Woodward C. Initiate an Appeal. of Planning! Commission Decision in A1S 10-03 Regarding, Condition #6 for a Property Zoned C3 (Shopping Center Commercial!) Located at 727 First Street, Mi Pueblo Food Centers clo Perla Rodriguez, Applicant 9272 Mayor Pinheiro explained that he had agendized the item after watching the Planning Commission meeting. He suggested that the Council appeal the Planning Commission's decision on condition #6 explaining the need to follow the zoning code with regards to Planning Commission decisions. Public comment was opened. Ramiro Lopez spoke on his experiences starting a local business, sharing the permitting process and requirements made of him by the City. He asked that the Council consider allowing the business to open to provide more jobs in the community. - Michelle Arriaga spoke on the proposed colors stating that she believed the colors were passionate. Minerva Valencia stated that the zoning code should have been presented to the developers during the beginning of the planning process, stating that the business should be allowed to open. Perla Rodriguez of Mi Pueblo spoke on the planning processes and the desire of Mi Pueblo to open the business in Gilroy, sharing the design work that had been accomplished. She shared a petition of local residents who wanted to see the business open in Gilroy, then asked that the Council allow matters to move forward with the Planning Commission's recommendations. Richard Spitler of Gilroy Economic Development Corporation stated that the city zoning code was very vague; explaining that city staff made a recommendation to the Planning Commission and after a full discussion the decision had been made to approve the project. He stated that the City design guidelines should be more defined explaining that the code was subjective. Public comment was closed. Council Member Woodward joined the meeting at 7:18 p.m. - Motion on Item IX.C Motion: to take no action on the item. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob Dillon. Vote: Motion carried 5-1-1. Yes: Council Member Peter Arellano,. M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker No: Mayor AI Pinheiro Abstain: Council Member Perry Woodward The Council took a 5 minute break at 7:20 p.m. The Council reconvened at 7:25 p.m. Mayor Pinheiro suggested agendizing the zoning code issue at a future study session. The majority of the Council agreed to agendize the issue during the goal setting session in January. (Council Member Dillon against). II. PRESENTATIONS TO COUNCIL - B. Presentation by Santa Clara County D'epartment of Mental' Health on Prevention and Early Mental Health Initiatives in South County - Diana Dufur spoke on the upcoming outreach being conducted by the County on October 28, 2010 in Morgan Hill. STUDY SESSION I. PG&E Presentation on Smart Meters 9273 The Council heard a presentation from PG & E on Smart Meters. A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL. Forrest Williams spoke on foreclosures issues in the current economy sharing a State Senate Bill passed that allowed municipalities to create blight ordinances to address blight issues in the community. IX. INTRODUCTION OF NEW BUSINESS A. A Resolution of the City Council of the City of Gilroy Voicing "No Confidence" in the Planning, Design and Management of the California High Speed Rail Authority The staff report was presented by City Administrator Haglund. Mayor Pinheiro read a letter sent to the City over the weekend by the California High Speed Rail Authority. Public comment was opened. Randy Scianna spoke on the conditions voted on by California voters when Proposition 1A was passed, sharing the enormous scale of the rail structure, and need to stop the project. Elaine Jelsema spoke in support of adopting the resolution and then spoke on the letter sent to the City from High Speed Rail, stating that it was not meaningful in any way. Dale Jelsema stated that the High Speed Rail Authority had not responded to questions brought up throughout the last 1 1/2 years explaining that the quality of life for the residents in the footprint of the project would be greatly impacted. Marc Perkel spoke in opposition to adopting the resolution sharing his support of the High Speed Rail project. Christine Phillips spoke in support of the resolution of no confidence of High Speed Rail sharing similar actions being taken by other cities throughout the state. James Janz, member of the Community Coalition on High Speed Rail, spoke in support of the adoption of a resolution of no confidence. Sylvia Hamilton spoke in support of adopting the resolution of no confidence in High Speed Rail. Yvonne Sheets-Saucedo spoke in support of the resolution of the no confidence in High Speed Rail. Nadia Naik-Carrd shared her organizations work explaining that (15) fiftenn other cites had adopted similar resolutions of no confidence in High Speed Rail and had not been shut out of the process. Diana Dufur spoke in support of adopting the resolution of no confidence in High Speed Rail and suggested the Authority provide a "story board" of the actual physical height and size of the structure. Mary Yates spoke in support of adopting the resolution of no confidence suggesting the City contact the City of Burlingame on the issue. Public comment was closed. Motion on Item IX.A. Motion: to Adopt Resolution 2010-56 of the City Council of the City of Gilroy Voicingl "No Confidence" in the Planning, Design and Management of the California High Speed Rail Authority 9274 Moved by Council Member Craig Gartman, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 4-3. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker No: Council Member Peter Arellano, M.D.; Council Member Perry Woodward; Mayor AI Pinheiro The Council took a 5 minute break at 9:10 p.m. The Council reconvened the meeting at 9: 15 p.m. D. Review of Community Development Block Grant (CDBG) and Housing Trust Fund to Establish Council Priorities for FY 2011/2012 The staff report was presented by Housing and Community Development Manager Roaf. Public comment was opened. Jessica Garcia-Kohl spoke on the Housing Trust investments in the City of Gilroy for first time home buyer programs, sharing other programs the Housing Trust participated in. Public comment was closed. There were no further public comments. Motion on Item IX.D. Motion: to Approve the Proposed Work Plan, with the inclusion of Safety and Health to the list of Prioritized Types of Services, and Providing Direction to Keep $5, 000 as a Minimum for Public Service Grants, and Capital Projects to be Funded. Moved by Council Member Cat Tucker, 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 X. CITY ADMINISTRATOR'S REPORTS A. Status Report on Welburn Avenue Traffic Process Update City Administrator Haglund stated that a community meeting on traffic issues on Welbum would be held on October 26,2010. Public comment was opened. Tim Gavin spoke on the need for data counts in multiple places in the vicinity of Welbum for a clear comparison. Ruben Ynzunza stated that he had not received a notice about the community meeting. Public comment was closed. B. Emergency Personnel Response Time Data Information City Administrator Haglund presented the staff report. XI. CITY ATTORNEY'S REPORTS There was no report. XII. ADJOURNMENT TO THE MEETING OF NOVEMBER 1, 2010 The Council adjourned the meeting at 10:17 p.m. .-....-..-...--.--.--.- 927,5 . "-