Minutes 2011/05/16
T
City of Gilroy
City Council Meetina Minutes
May 16. 2011
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:00 p.m. and led the pledge of
allegiance.
City Clerk Freels announced that the agenda had been posted on May 11, 2011 at
11 :00 a.m., and the revised agenda posted on May 13, 2011 at 12:30 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; Council Member Perry Woodward; Mayor AI Pinheiro
B. Orders of the Day
Mayor Pinheiro announced that the meeting would be adjourned in the name of former
Library Commissioner Tom Engebretson, and he then read his biography.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
9349
Mayor Pinheiro read a proclamation naming May, 2011 as "Foster Care Awareness"
Month.
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
There were no public comments.
B. Annual Presentation by the Youth Commission
The presentation was given by the Youth Commission members.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco congratulated the Downtown Association for their event for
Robert Guerrero. He then spoke on the need to be a "business friendly" city, sharing
recent positive communications that the city and the Council had received from the
business community.
Council Member Dillon spoke on the Downtown wine stroll event the previous weekend,
sharing the success of the event and need for additional events in the downtown.
MAYOR'S REPORT
Mayor Pinheiro spoke on the success of the downtown events during the weekend,
stating that there were wonderful events planned for the future. He went on to share the
positive communications he had received from the business community.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
~.CONSENTCALENDAR
A. Minutes of the May 2, 2011 Regular Meeting
B. Resolution 2011-28 of the City Council of the City of Gilroy Approving TM 10-
05, a Tentative Map to Create Fifteen (15) Residential Lots and One (1)
Remainder Lot for a Property Zoned Hecker Pass Special District on
Approximately 26.77 Acres Located Westerly of Santa Teresa Boulevard and
Third Street, APN's 810-21-004 AND 810-21-005
C. Adoption of Ordinance 2011-07 of the City Council of the City of Gilroy
Amending the Gilroy City Code, Article VI, Entitled "Seismic Safety" for
Unreinforced Masonry Buildings
D. Approval of Property Improvement Agreement No. 2011-03, Tract 10073,
Oliveri Subdivision, Meritage Homes of California, Inc. APN 790-07-029
E. Notice of Acceptance of Completion for Water System SCADA System
Improvements Project, Project No. 10-RFP-CSD-343 WATER
F. Notice of Acceptance of Completion for Gilroy Sports Park Copper Wire Theft
Repairs, Project No. 11-PW-187
G. Budget Amendment for Wayfinding Signage Program, Aquatics Program and
Art4Life Program
9350
Motion on Consent Calendar
Motion: to Approve the Consent Calendar Items A, B, C, D, E, F, G
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Arellano MD.
Vote: Motion carried 7-0.
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 AI Pinheiro
VII. BIDS AND PROPOSALS
A. Award of Contract for Construction Management for Lions Creek Trails Project
(Project No's. 11-CDD-181 & 11-CDD-182) to Drake Haglan & Associates, Inc. in
an Amount Not to Exceed $173,939.00, and Authorize the City Administrator to
Execute Related Documents
The staff report was presented by City Engineer/Public Works Director Smelser.
There were no public comments.
Motion on Item VII.A.
Motion: to Approve Award of Contract for Construction Management for Lions
Creek Trails Project (Project Nos. 11-CDD-181 & & 11-CDD-182) to Drake Haglan &
Associates, Inc. in an Amount Not to Exceed $173,939.00 and Authorize the City
Administrator to Execute Related Documents
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Arellano MD.
Vote: Motion carried 7-0.
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 AI Pinheiro
VIII. PUBLIC HEARINGS
A. Public Hearing for the 2010 Urban Water Management Plan Update
The staff report was presented by City Engineer Smelser.
The public hearing was opened, and there being no comments, the hearing was closed.
Motion on Item VIII.A.
Motion: to Receive the Report
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 7-0.
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 AI Pinheiro
B. Public Hearing for the Consideration of the Adoption of the City of Gilroy
Operating Budget for Fiscal Years 2012 and 2013, Capital Improvement Budget
for Fiscal Years 2012 Through 2017, and Approval of the South County
Regional Wastewater Authority (SCRWA) Operating Budget for Fiscal Years
2012 and 2013, and Capital Improvement Budget for Fiscal Years 2012
Through 2017
The staff report was presented by Finance Director Turner.
Public comment was opened.
Jaime Rosso spoke on the School Resource Officer position that the School District and
City paid for jointly, explaining that the School District was in a desperate financial
9351
situation, suggesting that the Council pay the full cost of the position.
Failed Motion on Item VIII.B.
Motion to Adopt Resolution 2011-29 of the City Council of the City of Gilroy Adopting
the City Budget for Fiscal Years 2012 and 2013 and Appropriating Proposed
Expenditures for the Purposes Set Forth, as proposed.
Moved by Council Member Bob Dillon
The motion died for lack of a second.
Failed Motion on Item VIII.B.
Motion to Adopt Resolution 2011-29 of the City Council of the City of Gilroy Adopting
the City Budget for Fiscal Years 2012 and 2013 and Appropriating Proposed
Expenditures for the Purposes Set Forth with the addition of the full cost of the school
resource officer for the next two years.
Moved by Council Member Peter Arellano, M.D.
The motion died for lack of a second.
Motion on Item VIII.B.
Motion: to Adopt Resolution 2011-29 of the City Council of the City of Gilroy
Adopting the City Budget for Fiscal Years 2012 and 2013 and Appropriating
Proposed Expenditures for the Purposes Set Forth in the Budget as proposed
with the exception of full funding of the school resource officer in the amount of
$77,226.00 for fiscal year 2012.
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Arellano M.D.
Vote: Motion carried 7-0.
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 AI Pinheiro
Second Motion on Item VIII.B.
Motion: to Adopt Resolution 2011-30 of the City Council of the City of Gilroy
Setting the Appropriation Limit for Fiscal Year 2012
Moved by Council Member Bob Dillon, seconded by Council Member Dion
Bracco.
Vote: Motion carried 7-0.
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 AI Pinheiro
Third Motion on Item VIII.B.
Motion: to Approve the City of Gilroy Capital Improvement Budget for Fiscal
Years 2012 through 2017
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; Council Member DionBracco; Council
Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
Fourth Motion on Item VIII.B.
Motion: to Approve the South County Regional Wastewater Authority (SCRWA)
Operating Budget for Fiscal Years 2012 and 2013 and Capital Improvement
Budget for Fiscal Years 2012 through 2017
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob
Dillon.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat
9552
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
The Council adjourned for a break at 7:45 p.m.
The Council reconvened at 7:50 p.m.
IX. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending
the Residential Development Ordinance ("RDO") by Repealing Gilroy Zoning
Ordinance Section 50.62 (b)(11) Creating a Residential Development
Ordinance ("RDO") Exemption Category for Shovel-Ready Projects;
There were no public comments.
Motion on Item IX.A.
Motion: to Adopt Ordinance 2011-08 of the City Council of the City of Gilroy
Amending the Residential Development Ordinance ("RDO") by Repealing Gilroy
Zoning Ordinance Section 50.62 (b)(11) Creating a Residential Development
Ordinance ("RDO") Exemption Category for Shovel-Ready Projects
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry
Woodward.
Vote: Motion carried 5-2.
Yes: Council Member Peter Arellano MD; Council Member Peter Leroe-
Munoz; Mayor
Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Dion Bracco; Council Member Bob Dillon
B. Reconsideration of Participation in the Santa Clara County Habitat
Conservation Plan (HCP)
Public comment was opened.
Connie Rogers spoke in support of continued participation in the habitat conservation
plan.
Cay Goude of the U.S. Fish and Wildlife Services spoke on participation in the plan
stating that there were revisions needed with the various comments that had been
provided by the Farm Bureau, Cattleman's Association and the member agencies. She
explained that the plan was draft and she hoped to make amendments to meet
everyone's needs. She then explained that participation in the plan would enable the
city to move forward more quickly with development.
Jynelle LaPointe spoke in support of the city participation in the plan sharing the
benefits to the city.
Kyrod Myatt spoke in support of the city participating in the plan.
Mark Medeiros spoke in support of the city participation in the plan sharing the need to
maintain open space.
Jim Hoey stated that the HCP as currently set up, discouraged open space in Gilroy. He
explained that open space within the city also needed to be looked at.
Public comment was closed.
Ken Schriber of the Habitat Conservation Plan spoke on the fee schedule of the plan,
revisions to be made to the plan, city participation in the plan and the work group of
agency partners.
9353
Motion on Item IX.B.
Motion: to Participate in the Santa Clara County Habitat Conservation Plan with
full blown voting rights.
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Leroe-Munoz.
Vote: Motion carried 4-3.
Yes: Council Member Peter Arellano MD; Council Member Peter Leroe-
Munoz; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro
No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Perry Woodward
X. INTRODUCTION OF NEW BUSINESS
A. Memorandum of Understanding with Urban Area Security Initiative (UASI) for
Grant Monies to Purchase and Install Equipment for an Interoperable
Simulcast Radio Chanel, and Authorize the City Administrator to Execute
Related Documents
The staff report was presented by Police Captain Gillio.
There were no public comments.
Motion on Item X.A.
Motion: to Approve a Memorandum of Understanding with Urban Area Security
Initiative (UASI) for Grant Monies to Purchase and Install Equipment for an
Interoperable Simulcast Radio Chanel, and Authorize the City Administrator to
Execute Related Documents
Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 7-0.
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 AI Pinheiro
B. Recommendation on the Santa Clara County Supervisorial District
Redistricting Process
Public comment was opened.
Jane Howard of the Visitors Bureau spoke on her role on the redistricting commission,
and the recommendation process.
Public comment was closed.
Motion on Item X.B.
Motion: to provide the Santa Clara County Citizens Redistricting Commission
with redistricting map # 4 as the Council's first recommendation, and map #1 as
the second recommendation
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Leroe-Munoz.
Vote: Motion carried 4-3.
Yes: Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro
Tempore Cat Tucker; Council Member Perry Woodward
No: Council Member Peter Arellano MD; Council Member Dion Bracco; Mayor AI
Pinheiro
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund stated that he would be on vacation the week following
Memorial Day, and Human Resources Director McPhillips would be the acting City
Administrator in his absence.
9354
XII. CITY ATTORNEY'S REPORTS
City Attorney Callon stated that she would be on vacation the week following Memorial
Day, and Andy Faber would be Acting City Attorney while she was out.
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: 7400 Railroad Street, Gilroy, CA. (APN 841 06025)
Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer/Public
Works Director
Other Party to Negotiations: Jose Montes and Gary Walton
Under Negotiations: Price and Terms of Payment
There were no public comments.
The Council adjourned to closed session at 9: 24 p.m.
Motion to Continue in Closed Session
The Council voted to continue in closed session by the following vote:
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Dion Bracco; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore
Cat Tucker; Council Member Perry Woodward and Mayor AI Pinheiro