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Minutes 2012/07/16City of Gilroy City Council Meeting Minutes July 16, 2012 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 6:00 p.m. and led the pledge of allegiance. The Invocation was given by Associate Pastor Greg Quirk of South Valley Community Church. City Clerk Shawna Freels announced that the agenda had been posted on July 11, 2,012 at 1:30 p.m. Roll Call Present: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro B. Orders of the Day There were no agenda changes. C. Introductions Police Chief Turner introduced newly hired communications dispatcher Katie Povio. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro presented a proclamation honoring the Gilroy High School Winter Guard for their 2012 championship season. Mayor Pinheiro presented a proclamation honoring CNN 2012 "Hero" Award Recipient Mary Cortani. Council Member Dillon spoke on the city's receipt of the Historic Society award for the Wiley House. III. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL John Litzinger spoke on the negative impacts of the dirt movement in the Rancho Hills neighborhood sharing a handout of photos of the grading work. Janet Espersen spoke on the construction work in the Rancho Hills neighborhood sharing the impacts of dirt spreading throughout the neighborhood. Joan Karns of the Rancho Hills area spoke on her health issues and impacts as a result of the dust from the construction at Rancho Hills. Phil Williams spoke on the issues of dirt and dust with the grading in the Rancho Hills neighborhood, stating that the developer was not following the air resource board regulations. City Council Meeting Minutes 7/16/2012 K Tom Espersen spoke on the impacts of the grading work at the Rancho Hills neighborhood speaking on the problems with inadequate management of the work and insufficient city inspections. Joe Young spoke on the issues with the grading work at Rancho Hills stating that he had been suffering for 2 months with the dirt and dust. Bob Livengood of the Santa Clara County Fire Safe Council introduced himself explaining that the Fire Safe Council was expanding itself in the South County area. Public comment was closed. Community Development Department Director Abrams spoke on the grading work at Rancho Hllls, sharing the mitigations to reduce the dust at the site, and possible alternative methods staff was pursuing with the developer to address the issue. B. Gilroy Gardens Annual Presentation to Council Chairman of the Gilroy Gardens Board Greg Edgar, and Executive Director Barb Granter presented the report. C. Community Media Access Partnership (CMAP) Annual Presentation to Council Executive Director of CMAP Kathy Bisbee provided the annual report. D. Santa Clara Valley Water District (SCVWD) Presentation Requesting Support of the Safe, Clean Water and Natural Flood Protection Plan Ballot Measure The presentation was given by Rick Helem, Director of Public Relations for Santa Clara Valley Water District. Public comment was opened. Suzanne Rodriguez inquired if property owners in the plan area were involved in the planning, and asked if new taxes and fees would be imposed on residents in their water bills as a result of the passage of the ballot measure. Public comment was closed. The majority of Council asked to bring the item back on the following meeting's agenda. IV. REPORTS OF COUNCIL MEMBERS Council Member Leroe- Mufioz spoke on his participation in the kid's triathlon the previous weekend, sharing'the success of the event. MAYOR'S REPORT Mayor Pinheiro thanked everyone who had helped with the Antonio Del Buono violin program fund raiser the previous Friday. He then spoke on the success of the downtown car show on Saturday. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR Council Member Dillon asked that Item G be moved to closed session. City Attorney Callon explained that pursuant to Government Code Section 54956.95 (b), City Council Meeting Minutes 7/16/2012 t the item could be heard in closed session. A. Minutes of the June 18, 2012 Regular Meeting B. Minutes of the June 25, 2012 Special City Council Meeting C. Funding Agreement Between the City of Gilroy and the Santa Clara Valley Transportation Authority for 2010 Measure "B" Vehicle Registration Fee Local Road Improvement and Repair Program Funds D. Notice of Acceptance of Completion of the New Public Library Project, No. 10- CDD -173 E. Agreement Amendment Number One (1) with the California Department of Transportation for Maintenance of State Highways in the City of Gilroy Highway Agreement F. Claim of Douglas Nelsen (a "yes" vote under the Consent Calendar shall constitute the denial of the claim) H. Approval of the Write Off of Uncollectible Delinquent Water and Sewer Accounts in the Amount of $39,018.05 I. Budget Amendment in the Amount of $30,000.00 for Highway 152 2002 and 2006 Series Agency Funds for Fiscal Year 2011/2012 Motion on Consent Calendar Motion: to Approve Consent Calendar Items A, B, C, D, E, F, H, Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro G. Claim of Christine Chase (a "yes" vote under the Consent Calendar shall constitute the denial of the claim) Motion on Item VI.G. Motion: to address Item G. the Claim of Christine Chase in closed session. Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro VII. BIDS AND PROPOSALS A. Award of Consultant Services Contract with Harris and Associates, Inc. for On -Call Engineering and City Surveyor Services Harris and Associates Consultant Services The staff report was presented by Development Engineer Mack. There were no public comments. Motion on Item VII.A. Motion: to continue the Consultant Services Contract with Harris and Associates, Inc. for On -Call Engineering and City Surveyor Services item to the next meeting Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter City Council Meeting Minutes 7/16/2012 0 Arellano M.D. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro VIII. PUBLIC HEARINGS A. Public Hearing to Consider the Report of Abatement of Weeds and Refuse Within the City of Gilroy and Confirming Imposition of Assessment Liens Against the Land The staff report was presented by Fire Marshal Bretschneider. The public hearing was opened; there being no comments, the hearing was closed. Motion on Item VIII.A. Motion: to Adopt Resolution 2012 -33 of the City Council of the City of Gilroy Confirming the Report of the Chief of the Fire Department Setting Forth the Description of the Property, Naming the Owner's Thereof, and Confirming the Costs of Abating the Nuisance Caused by the Growing of Weeds and Accumulation of Refuse on the Property, and Providing that Such Costs Shall Constitute Assessments Against the Land Moved by Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro There were no public comments. B. Public Hearing to Consider the Adoption of an Urgency Interim Ordinance of the City Council of the City of Gilroy Extending for a Period of One Year Urgency Interim Ordinance No. 2011 -11 Prohibiting the Approval of Any Residential Development Project East of Highway 101 The staff report was presented by City Attorney Callon. The public hearing was opened. Suzanne Rodriguez asked if there were any low income housing areas within the east of Highway 101 area. The public hearing was closed. Motion on Item VIII.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance 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 Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro City Clerk Freels read the ordinance title. Second Motion on Item VIII.B. Motion: to Adopt Urgency Interim Ordinance 2012 -10 of the City Council of the City Council Meeting Minutes 7/16/2012 5 City of Gilroy Extending for a Period of One Year Urgency Interim Ordinance No. 2011 -11 Prohibiting the Approval of Any Residential Development Project East of Highway 101 Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro The Council adjourned for a break at 8:00 p.m. The Council reconvened at 8:07 p.m. IX. UNFINISHED BUSINESS A. Discussion of South Valley Middle School Pool Repairs and Maintenance Cost Update The staff report was presented by Recreation Manager DeLeon. Council Member Woodward recused himself from deliberations on the item explaining that he believed a property he owned was within 500 feet of the school. He then left the Council chambers. Public comment was opened. Shawn Weymouth spoke in support of repairing the pool and shared the positive impacts of having the pool in the neighborhood explaining that former City employee John Garcia had utilized it throughout his youth, and had gone on to become a Recreation supervisor for the City. She then asked that it be named the John Garcia community pool. Dom Payne spoke on the costs to repair the pool and ongoing maintenance needs asking that the pool be saved for the families on the east side of the City. He concluded by explaining that the pool was an asset to the city. Eleanor Villarreal stated that she was in support of the City repairing the pool. She then spoke on the facility budget for the school district sharing various facility upgrades and the restrictions in funding for schools, and the amount of property taxes paid in support of school facilities. Rochelle Arellano spoke on the importance of parks for the health of the members of the community as youth became more sedentary than ever, sharing the affordability of using the pool for families with many children. She suggested that the Council attempt to emphasize outdoor activities by saving the pool in partnership with GUSD. She concluded by explaining that the pool was used year -round by the school district, City and the Gilroy Gator swim team. Council Member Woodward returned to the dais explaining that his property was outside of the 500 foot radius of the school. Tom Fischer spoke on the cost of the needed repairs and ongoing maintenance explaining that the school district should take financial responsibility for the pool, not the City. He spoke on the Recreation Department shuttling services being provided to residents on the east side to get their children to the other pools in the City, explaining that the City should look at a better, more cost effective option. Gilroy Unified School District Member Jaime Rosso shared the school district position and lack of funding to repair and maintain the pool and went on to speak on other recreational investments in the community explaining that the School Board did want to City Council Meeting Minutes 7/16/2012 C:1 see facilities on the east side of the City . Rebecca Armendariz stated that the home owners in the east side were neglected, suggesting that the amount of money to repair and maintain the pool was very little and would continue to benefit the youth of the community for many years. Jaime Reynolds suggested that the City run the pool as the facility was poorly run by the Gilroy Unified School District. She explained that there were several amenities at the other junior high schools in the City, and the pool was the only amenity at South Valley Middle School. She concluded by explaining that many of the children from the east side of Gilroy who had learned how to swim wouldn't have otherwise had the opportunity. Fabian Morales spoke on the leadership problem with Gilroy Unified School District stating that economic times were hard all over, with cities filing bankruptcy and schools in tight budget situations, explaining that the pool was community capital and should be saved. Public comment was closed. Motion on Item IX.A. Motion: to Provide Direction to Staff to let the school district know the city's intentions to do what is necessary to repair the pool to keep it as a community asset and at the same time get an independent analysis of the needed repairs and ongoing costs for review by the Council at a future meeting, as soon as possible. Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 4 -3. Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward No: Council Member Dion Bracco; Council Member Bob Dillon; Mayor Al Pinheiro X. INTRODUCTION OF NEW BUSINESS A. An Ordinance of the City Council of the City of Gilroy Amending Chapter 15, Article 1 of the Gilroy City Code, Prohibiting Jaywalking Near Schools and in Other Areas of the City The staff report was presented by Traffic Engineer Dey. There were no public comments. Motion on Item X.A. Motion: to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro City Clerk Freels read the ordinance by title. Second Motion on Item X.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending Chapter 15, Article 1 of the Gilroy City Code, Prohibiting Jaywalking Near Schools and in Other Areas of the City Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 7 -0. City Council Meeting Minutes 7/16/2012 7 Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro B. Consideration of Adoption of a Resolution of Intention to Form a Tourism Business Improvement District and to Levy and Collect Assessments The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.B. Motion: to Adopt Resolution 2012 -34 of the City Council of the City of Gilroy Declaring Its Intention to Establish the City of Gilroy Tourism Business Improvement District and to Levy and Collect Assessments Within Such District Pursuant to the Property and Business Improvement District Law of 1994, Part 7 of division 18, of the California Streets and Highways Code, and Appointing a Time and Place for a Public Meeting and Public Hearing Thereon and Giving Notice Thereof Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro C. Selection of Possible Properties for High Density Residential Designation and Rezoning The staff report was presented by Interim Planning Director Bischoff. Public comment was opened. Geoff Bradley spoke on area 5.C. explaining the impacts of changing the zoning designation. Angelo Benassi spoke on the impacts of the zoning change to his property. James Suner spoke on the rezoning to High Density Residential stating that there may be issues with the City residential development ordinance. Public comment was closed. Council Member Leroe -Munoz announced for the record that he lived within 500 feet of sub -area C and D of Area 1, but did not own the property. Motion on Item X.C. Motion: to Select Candidate Areas for Further Analysis and Possible Rezoning as High Density Residential Designation eliminating the Gilroy Unified School District property and otherwise adopt staff recommendations. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro D. Discussion of Gilroy Open Government Commission Composition The staff report was presented by City Administrator Haglund. City Council Meeting Minutes 7/16/2012 Public comment was opened. Suzanne Rodriguez suggested that the City not abandon the Brown Act. Public comment was closed. Motion on Item X.D. Motion: to direct staff to prepare an ordinance amendment to Code Section 17A. amending the open government commission membership to become a 5 member Commission with 2 members of Council and 3 members of the public with a sunset provision of 12/2013, and from then on to become a full 5- member citizen commission. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 6 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward No: Mayor Al Pinheiro XI. CITY ADMINISTRATOR'S REPORTS XI1. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION A. PUBLIC EMPLOYEE APPOINTMENT /HIRING Pursuant to Government Code Section 54957 (b); Gilroy City Code Section 17A.8 (a) (4) Title of Position to Be Filled: Interim Fire Chief B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section 17A.11(c) (1): Name of Case: Edward Bozzo, Phillip King v. City of Gilroy Court: United States District Court, Northern District Case No. 5:12 -cv- 02542 -HRL C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8; Gilroy City Code Section 17A.8 (a) (2) Property: 7350 Rosanna Street, Gilroy, California (Corner of 7th and Rosanna Streets) Agency Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer Other Party to Negotiations: Santa Clara County Under Negotiations: Price and Terms of Payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7400 Monterey Street, Gilroy, California (Old City Hall at the Corner of 6th and Monterey Streets) Agency Negotiators: Thomas Haglund, City Administrator; Christina Turner, Finance Director Other Party to Negotiations: Adam Sanchez Under Negotiations: Lease Terms VI.G. CLAIM OF CHRISTINE CHASE Pursuant to Government Code Section 54956.95 (b) The item was moved from the Consent Calendar previously in the meeting. City Attorney Callon advised the City Council that they were entering into closed City Council Meeting Minutes 7/16/2012 0 session on Item XIII. B as discussion in open session of the litigation strategy could potentially harm the city position. Motion to Adjourn to Closed Session on Item XIII.B. Motion: to Assert the Attorney Client Privilege on Item XIII.B and Adjourn to Closed Session Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro There were no public comments on closed session. Mayor Pinheiro announced that he would recuse himself from deliberations on Closed Session Item XIII.D. The Council adjourned to closed session at 10:18 p.m. Closed Session Announcement: Vote on Item XIII.A. The City Council re- convened in open session and announced that they had voted 7 -0 to consent to the City Administrator's appointment of Roger Bloom as Interim Fire Chief. Vote on Item VI.G. The City Council further announced that they had voted 7 -0 to Christine Chase. the Claim of City Clerk City Council Meeting Minutes 7/16/2012