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Minutes 2011/03/07 1 City of Gilroy # City Council Meetina Minutes March 7, 2011 I. OPENING A. Call to Order Mayor Pro Tempore Tucker called the meeting to order at 6:01 p.m. and led the pledge of allegiance. The Invocation was given by Father Dan Derry of Saint Mary's Catholic Church. City Clerk Freels reported that the agenda was posted on March 2, 2011 at 4:00 p.m. Roll Call Present: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker Absent/Excused: Council Member Perry Woodward; Mayor AI Pinheiro l 9319 B. Orders of the Day There were no agenda changes. I. Interviews for One (1) Open Seat on the Historic Heritage Committee, and One (1) Open Seat on the Parks and Recreation Commission The Council interviewed Bill Faus and Carol De Santis for the Historic Heritage Committee and Terri Berry for the Parks and Recreation Commission. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pro Tempore Tucker presented a proclamation honoring Robert Bentson for his heroic efforts on December 31, 2010. Mayor Pro Tempore Tucker presented a proclamation naming May 21,2011 as Leadership Gilroy Day in Gilroy. 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 Kim Ferm spoke on the 211 program sharing the resources of the program and data on the use of the program in Gilroy the previous year. Public comment was closed. B. Presentation of a Donation of $6,400.00 by the Gilroy Tennis Club to the City of Gilroy for the Resurfacing of Two (2) Tennis Courts at Las Animas Veteran's Park Marco Renella of the Gilroy Tennis Club shared the plans of the Charitable Trust, and plans for continued donations. Motion on Item III.B. Motion: to accept a donation of $6,400.00 from the Gilroy Tennis Club to the City of Gilroy for the Resurfacing of Two (2) Tennis Courts at Las Animas Veteran's Park Moved by Council Member Peter Leroe-Munoz, seconded by Council Member Bob Dillon. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward; Mayor AI Pinheiro IV. REPORTS OF COUNCIL MEMBERS There were none. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of February 7, 2010 Regular Meeting B. Minutes of February 9, 2010 Special Meeting 9320 C. Minutes of February 28, 2011 Special Meeting D. Opening of the Recruitment for One (1) Open Seat on the Youth Commission E. Ordinance 2011-02 of the City Council of the City of Gilroy Approving Application Z 10-05 for a Change in Zoning Designation From R1 (Single Family Residential) to R1/PUD (Single Family Residential-Planned Unit Development) on Approximately 7.6 Acres Located South of Sprig Way, Between Rodeo Drive and Santa Teresa Boulevard, APN 783-20-061 ~ F. Resolution 2011-12 of the City Council of the City of Gilroy Approving TM 10- , 04, a Tentative Map of the Rancho Meadows IV Residential Subdivision on Approximately 7.6 Acres Located South of Sprig Way, Between Rodeo Drive and Santa Teresa Boulevard, APN 783-20-061 G. A Resolution 2011-13 of the City Council of the City of Gilroy Approving A/S- PUD 10-19, An Application for Architectural and Site Approval of the Rancho Meadows IV Subdivision Located South of Sprig Way, Between Rodeo Drive and Santa Teresa Boulevard, APN 783-20-061 I. A Resolution 2011-14 of the City Council of the City of Gilroy of Local Support of the Metropolitan Transportation Commission (MTC) Grant Funding Application for the Santa Clara County Vehicle Emissions Reductions Based at Schools (VERBS) Grant J. Claim of Marta Dinsmore (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) K. Claim of Jeanette Bischoff (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) - L. Claim of Gennaro Filice (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) Motion on Consent Calendar Items A, B, C, D, E, F, G, I, J, K and L. Motion: to approve consent calendar items A, B, C, D, E, F, G, I, J, K, L. Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward; Mayor AI Pinheiro H. An Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Section 7.4.1, Modifying the Boundaries of the Zero Fee Area (As Defined by Exhibit "A") and Providing that Certain Fees and Costs Charged to Development Projects in the Zero Fee Area Are Eliminated Until December 31, 2013, and Amending Section 7.4 Motion on Item VI.H. Motion: to adopt Ordinance 2011-03 of the City Council of the City of Gilroy Amending the Gilroy City Code Section 7.4.1, Modifying the Boundaries of the Zero Fee Area (As Defined by Exhibit "A") and Providing that Certain Fees and Costs Charged to Development Projects in the Zero Fee Area Are Eliminated Until December 31,2013, and Amending Section 7.4, with edit to Section II. Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker -- l I 9321 Absent: Council Member Perry Woodward; Mayor AI Pinheiro M. An Ordinance of the City Council of the City of Gilroy Approving Z 10-07 to Amend the Zoning Ordinance, Commercial Use Table 19.13(b), to Allow by Right, Ground Floor Office Uses for A Period of Three (3) Years in the Downtown Historic District Motion on Item VI.M. Motion: to adopt Ordinance 2011-04 of the City Council of the City of Gilroy Approving Z 10-07 to Amend the Zoning Ordinance, Commercial Use Table 19.13(b), to Allow by Right, Ground Floor Office Uses for A Period of Three (3) Years in the Downtown Historic District Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe-Munoz. Vote: Motion carried 4-1-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz No: Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward; Mayor AI Pinheiro VII. BIDS AND PROPOSALS A. Award of Contract for Gilroy Sports Park Copper Wire Repair, Project No. 11- PW-187 to Beltramo Electric, Inc. in the Amount of $58,000.00, and Authorization to the City Administrator to Execute Related Documents The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.A. Motion: to Approve Award of contract for Gilroy Sports Park copper wire repair, Project No. 11-PW-187 to Beltramo Electric, Inc. in the Amount of $58,000.00, and authorization to the City Administrator to execute related documents Moved by Council Member Dion Bracco, seconded by Council Member Peter Arellano MD. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward; Mayor AI Pinheiro B. Award of Contract for Upgrade to the City Water Meter Radio Read Technology to Golden State Flow Measurement, Inc. in the Amount of $100,510.00, and Authorization to the City Administrator to Execute Related Documents The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.B. Motion: to Award contract to Golden State Flow Measurement, Inc. in the amount of $100,510.00, authorization to the City Administrator to execute related documents Moved by Council Member Peter Arellano MD, seconded by Council Member Dion Bracco. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward; Mayor AI Pinheiro 9322 VIII. PUBLIC HEARINGS A. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program, and Adoption of a Resolution 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 Code The staff report was presented by Fire Marshall Bretschneider. The public hearing was opened. The Council agreed to hold on the continued discussion of the item until after 7:00 p.m.as was noticed to property owners. IX. UNFINISHED BUSINESS A. Appointments to One (1) Open Seat on the Historic Heritage Committee, and One (1) Open Seat on the Parks and Recreation Commission There were no public comments. Motion on Item IX.A. Motion: to Appoint Bill Faus to the Historic Heritage Committee with a term expiration of 12/31/2011, and Terri Berry to the Parks and Recreation Commission with a Term Expiration of 12/31/2011 Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano MD. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward; Mayor AI Pinheiro X. INTRODUCTION OF NEW BUSINESS A. Update on Gaming Ordinance Trial Period The staff report was presented by Police Chief Turner. There were no public comments. Motion on Item X.A. Motion: to Permanently Approve No Bust 21st Century Blackjack 5.1 as a Permitted Game Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward; Mayor AI Pinheiro -~ B. Annual Investment Report Update The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.B. Motion: approve re-adoption of the city's investment policy. l 9.323 Moved by Council Member Dion Bracco, seconded by Council Member Bob Dillon. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward; Mayor AI Pinheiro C. Fiscal Year 2010-2011 Second Quarter Budget Review The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.C. Motion: to receive the report. Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward; Mayor AI Pinheiro VIII. PUBLIC HEARINGS A. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program, and Adoption of a Resolution 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 Code Mayor Pro Tempore Tucker re-opened the public hearing on the item. Jim Sullivan spoke on the weed abatement at his vineyard asking for information on the extent of the weed abatement. Ray Moreno of Santa Clara County Agricultural Commission shared the details of the abatement program, explaining the noticing processes and coordination with local agricultural properties prior to abatement. He spoke on the 3-year series of noticings, explaining how a property could be removed from the list if in compliance. The public hearing was closed. Motion on Item VIII.A. Motion: to Adopt Resolution 2011-11 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 Council Member Dion Bracco. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward; Mayor AI Pinheiro X. INTRODUCTION OF NEW BUSINESS D. Review of the Residential Blight Ordinance The staff report was presented by Acting Community Development Director Abrams. 9:324 There were no public comments. Motion on Item X.D. Motion: to receive the report. Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward; Mayor AI Pinheiro - XI. CITY ADMINISTRATOR'S REPORTS A. Consent to Appointments of Department Heads to the Positions of Community Development Director, Public Works Director and Recreation Director The staff report was presented by City Administrator Haglund. There were no public comments. Motion on Item XI.A. Motion: to Consent to City Administrator's Appointment of Kristi Abrams as Community Development Director, Rick Smelser as Public Works Director, and Maria DeLeon as Recreation Director. Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker _ Absent: Council Member Perry Woodward; Mayor AI Pinheiro XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7255, 7257, 7259, 7261 Monterey Street, Gilroy, California (APN 799-09-059) Negotiators: Thomas Haglund, City Administrator; Kristi Abrams, Community Development Director Under Negotiations: Price and Terms of Payment B. CONFERENCE WITH LEGAL COUNSEL-- EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(a) and Gilroy City Code Section 17A.8 (a) (3) The People of the State of California (The City of Gilroy, California) v. BDS Capital, Inc., Daniel Shaw, individual person, Principal BDS Capital, Inc. Superior Court of California, Santa Clara County Judicial District; Case No, FF930886; Complaint filed against BDS Capital on May 4, 2009, amended to include Mr. Shaw on March 26, 2010. ..... j 1 ---- City Attorney Callon explained that discussing the item in open session would prejudice the city's position in the case. There were no public comments on closed session. l 9325 Motion on Item XIII.B. Motion: Motion to Adjourn to Closed Session on Item XIII.B. Moved by Council Member Dion Bracco, seconded by Council Member Bob Dillon. Vote: Motion carried 5-0-2. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward; Mayor AI Pinheiro The Council adjourned to closed session at 7:47 p.m. Motion to Continue in Closed Session The Council voted to continue in closed session on Items XIII.A and XIII.B. by the following vote: Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempor at Tucker/ Absent: Council Member Perry Woodward; Mayor AI Pinheiro jj ,