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Minutes 2011/06/06 T I City of Gilroy City Council Meetina Minutes June 6. 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. The invocation was given by Pastor Mark Turner of South Valley Community Church. City Clerk Freels announced that the agenda had been posted on June 1, 2011 at 11 :00 a.m. Roll Call Present: 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 Absent/Excused: Council Member Peter Arellano M.D. B. Orders of the Day Council Member Woodward asked to pull item VI.E. from the consent calendar. l 9355 I. Interviews for One (1) Open Seat on the Library Commission, One (1) Open Seat on the Parks and Recreation Commission and One (1) Open Seat on the Planning Commission Council Member Peter Arellano M.D. joined the meeting at 6:04 p.m. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mr. Robert Dolci of Santa Clara County Homeless Concerns Coordinator presented a Certificate of Appreciation to the Gilroy Homeless Outreach Task Force on behalf of Project Homeless Connect. III. PRESENTATIONS TO COUNCIL B. Community Media Access Partnership (CMAP) Annual Report Kathy Bisbee, Executive Director of CMAP gave the annual presentation. A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Kimann Scianna thanked the Mayor and City staff for the help with the project she and her husband were developing at the old Wal-Mart site, and invited members of the Council and public to the opening ceremonies on June 25th. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco congratulated the Leadership Gilroy class for their successful Farmers Market the previous weekend. Council Member Arellano also congratulated the Leadership Gilroy class for their Farmers Market event. MAYOR'S REPORT Mayor Pinheiro congratulated the Leadership Gilroy class for the Farmers Market and spoke on the creation of the event. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of May 9, 2011 Special Meeting B. Minutes of May 16, 2011 Regular Meeting C. Claim of Gary Helms (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) D. Acceptance of Grant Deed Easement from the Bakhtar Family Trust for a Perpetual Easement off of Eighth Street Between Rosanna and Hanna Streets, APN 799-15-036 F. Approval of an Agreement for a Right-of-Way Acquisition from Santa Clara Valley Water District (SCVWD) in the Amount of $1,400.00 for the Camino Arroyo Bridge Project 9356 G. A Resolution 2011-31 of the City Council of the City of Gilroy Setting the Tax Rate for Fiscal Year 2011-2012 With Respect to General Obligation Bonds for the Gilroy Community Library Project Motion on Consent Calendar Motion: to approve Consent Calendar Items A, B, C, 0, F, G Moved by Council Member Dion Bracco, 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 Tucker; Council Member Perry Woodward; Mayor AI Pinheiro E. Budget Amendment of $35,000.00 for Downtown Camera Project The staff report was presented by Police Captain Gillio. Council Member Woodward recused himself from deliberations on the item, explaining that he owned property within the downtown area. He then left the dais. Public comment was opened. Eric Howard of the Downtown Association stated that the association had voted unanimously to approve their portion of funding for the cameras, sharing details of vandalism and explaining the importance of the safety to draw the public to the downtown businesses. Public comment was closed. Motion on Consent Item VI.E. Motion: to approve Budget Amendment of up to $35,000.00 for Downtown Camera Project Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Leroe-Munoz. Vote: Motion carried 4-2-1. Yes: Council Member Dion Bracco; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro No: Council Member Peter Arellano MD; Council Member Bob Dillon Absent: Council Member Perry Woodward Council Member Woodward returned to the dais. VII. BIDS AND PROPOSALS A. Three (3) Year Lease Agreement with Sharp Business Systems, Inc. in the Amount of $4,917.00 Per Month for Multifunction FaxlCopier/PrinterlScanner Devices The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item VILA. Motion: approve Motion to Approve a Three (3) Year Agreement in the Amount of $4,917.00 per Month with Sharp Business Systems, Inc. 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 l 9357 B. 911 Emergency Medical Services Provider Agreement Between the City of Gilroy and the County of Santa Clara Emergency Medical Services Agency Mayor Pinheiro recused himself from deliberations on the item, explaining that he leased a local property to an ambulance company. He then left the Council Chambers. The staff report was presented by Fire Chief Foster. There were no public comments. Motion on Item VII.B. Motion: to Approve 911 Emergency Medical Services Provider Agreement Between the City of Gilroy and the County of Santa Clara Emergency Medical Services Agency Moved by Council Member Dion Bracco, seconded by Council Member Perry Woodward. Vote: Motion carried 6-0-1. 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 Absent: Mayor AI Pinheiro Mayor Pinheiro returned to the dais. VIII. PUBLIC HEARINGS A. Public Hearing for the Adoption of the 2010 Urban Water Management Plan The staff report was presented by City Engineer/Public Works Director Smelser. There were no public comments. Motion on Item VIII.A. Motion: to Adopt a Resolution 2011-32 of the City Council of the City of Gilroy Adopting the 2010 Urban Water Management Plan Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council MemberOion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro The council took a 5 minute break at 7:25 p.m. B. Appeal of the Planning Commission Denial of a Request for Variance From Gilroy Zoning Code Section 29.30 to Place a Fence Within 115 Feet of the Center Line of Hecker Pass Highway, on a Property Zoned Hecker Pass Special Use District, Located at 2280 Hecker Pass Highway, Gilroy, APN's 810- 21-001 and 810-20-005, Syngenta Flowers, Inc. Applicant, V 11-01 Council Member Woodward recused himself from deliberations on the item due to a financial interest in Syngenta, and he then left the dais. The staff report was presented by Planner II Durkin. The public hearing was opened. Joel Goldsmith spoke in support of the application sharing the aesthetics of the proposed fence and plans for a future trail in the area. The public hearing was closed 9358 Motion on Item VIII.B. Motion: to Direct Staff to Prepare a Resolution Approving V11-01 with the elimination of condition #2. Moved by Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 6-0-1. 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; Mayor AI Pinheiro Absent: Council Member Perry Woodward Council Member Woodward returned to the dais. C. Zone Change Request to Change the Zoning Designation of Approximately 20 Acres from Open Space (OS) to Commercial Industrial (CM) for a Property Located at 5350 Monterey Road, Gilroy, APN 841-31-021, Monterey Road Investment Group, LLC/Mark Howell Applicant, Z 08-01 Tentative Map Request to Subdivide a 20 Acre Site Located at 5350 Monterey Road, Gilroy, APN 841-31-021, into 17 Lots for Commercial/Industrial Uses, Monterey Road Investment Group, LLC/Mark Howell Applicant, TM 08-01 The staff report was presented by Senior Planner Ketchum. The public hearing was opened. Rob Onetto spoke as representative of the project applicant, stating that the applicant would meet the standards set with the future adoption of the climate action plan. The public hearing was closed. Motion on Item VIII.C. Motion: to Direct Staff to Prepare a Resolution Certifying the Monterey Road Commercial Center Zone Change and Subdivision and Fortino Zone Change EIR, and Adopting a Statement of Overriding Considerations with the addition of CC1 - adding the project to the future climate action plan. Moved by Council Member Peter Arellano MD, 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 Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Second Motion on Item VIII.C. Motion: to Direct Staff to Prepare an Ordinance Approving Z 08-01 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 - Third Motion on Item VIII.C. Motion: to Direct Staff to Prepare a Resolution Approving TM 08-01 Moved by Council Member Peter Arellano MD, 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 1 9359 D. Zone Change Request to Change the Zoning Designation of Approximately 2.5 Acres From Open Space (OS) to Commercial Industrial (CM) for a Property Located at 5400 Monterey Road, Gilroy, APN 841-31-014, Vince Fortino Applicant, Z 09-06 The public hearing was opened, there being no comments the hearing was closed. Motion on Item VIII.D. Motion: to Direct Staff to Prepare an Ordinance Approving Z 09-06 Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. 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 E. Public Hearing for the Revision and Adjustments to Charges for the Collection of Garbage, Rubbish, Refuse and Recyclable Materials in the City of Gilroy The public hearing was opened, and there being no comments, the hearing was closed. The staff report was presented by Finance Director Turner. Motion on Item VIII.E. Motion: to Adopt a Resolution 2011-33 of the City Council of the City of Gilroy Setting Maximum Charges for the Collection of Garbage, Rubbish, Refuse and Recyclable Materials in the City of Gilroy Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Council Member Perry Woodward; Mayor AI Pinheiro No: Mayor Pro Tempore Cat Tucker IX. UNFINISHED BUSINESS A. Sixth Street Streetscape - Project No. 09-CDD-167 Project Update and Approval of a Budget Amendment in the Amount of $247,140.00 The staff report was presented by Senior Civil Engineer Hughes. There were no public comments. Motion on Item IX.A. Motion: to Approve a Budget Amendment for the Sixth Street Streetscape Project No. 09-CDD-167 in the Amount of $247,140.00, with an addition of $23,350.00 as recommended in #2 and Authorization to the City Administrator to Execute Related Documents Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry Woodward. 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. Introduction of An Ordinance of the City Council of the City of Gilroy Amending Chapters 3B and 16 of the Gilroy City Code Regulating Alarm Systems Regarding Fees for False Alarms The staff report was presented by Police Chief Turner. 9360 Motion on Item IX.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro No: Council Member Perry Woodward Second Motion on Item IX.B. Motion: to Introduce an Ordinance of the City Council of the City Of Gilroy Amending Chapters 3B and 16 of the Gilroy City Code Regulating Alarm Systems Regarding Fees for False Alarms Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro No: Council Member Perry Woodward X. INTRODUCTION OF NEW BUSINESS A. Downtown Dancing Task Force Update The staff report was presented by Community Development Director Abrams. Public comment was opened. Joan Spencer spoke on one-time dancing events. Public comment was closed. Motion on Item X.A. Motion: approve Receive Report and Provide Direction to eliminate the card reader. Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 6-1. Yes: 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 No: Council Member Peter Arellano MD XI. CITY ADMINISTRATOR'S REPORTS A. Traffic Signal Beautification City Administrator Haglund spoke on the project. XII. CITY ATTORNEY'S REPORTS Acting City Attorney Faber announced the City Attorney Callon would back for the next meeting. XIII. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957, and Gilroy City Code Section 17A.8 (a) (4) I I i , i Name/Title: Shawna Freels, City Clerk 9361 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957, and Gilroy City Code Section 17A.8 (a) (4) Name/Title: Thomas Haglund, City Administrator There were no public comments. The Council adjourned to closed session at 10:02 p.m. // ..._-~?