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Minutes 2011/06/13 I I City of Gilroy City Council Meetina Minutes June 13. 2011 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 6:02 p.m. and led the pledge of allegiance. The Invocation was given by Jacob Hawkins of the Gilroy Baha'i Community. City Clerk Freels announced that the agenda was posted on June 8, 2011 at 11 :00 a.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 AI Pinheiro B. Orders of the Day There were no agenda changes. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations There were none 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 Tim Gavin requested 10 minutes during the July 18, 2011 meeting to share information regarding Welburn Avenue. B. Annual Presentation by the Library Commission The presentation was given by Carol Smith of the Library Commission. 9362 IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco shared the Gilroy Gardens hours of operation and spoke on the new exhibit at the park. He then explained that the Gang Task Force planned to have a food booth at the downtown car show, and invited other Council Members to participate at the booth. He concluded by sharing the construction progress on the new library. Mayor Pro Tempore Tucker stated that the Cities Association had sent a letter to the Council requesting a resolution. She then spoke on her re-appointment. Council Member Dillon spoke on the progress of the new library construction project stating that the library would be on time and under budget. MAYOR'S REPORT Mayor Pinheiro reminded the community of the Sunday farmers market at the Gilroy demonstration garden. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Leroe-Muiioz asked to agendize an item regarding a loading zone in front of the Gilroy Florist. Council Member Woodward stated that staff had explained that the loading zone issue would need to be agendized before Council. He then recused himself from the discussion of the item, stating that he owned a property within 300 feet of the subject property, and he then left the dais. A member of the public spoke on the various businesses that had been. located at the Gilroy Florist location, explaining that at one time there had been an agreement in place. The Council agreed to agendize the item if the issue could not be remedied at the staff level. Council Member Woodward returned to the dais. Mayor Pro Tempore Tucker suggested agendizing the item Tim Gavin had asked to present to Council during public comment. The Council agreed to have Mr. Gavin provide them with the presentation information via email to provide them with background of the item for their consideration of agendizing it. VI. CONSENT CALENDAR A. Claim of Donna Journey (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) B. A Resolution 2011-34 of the City Council of the City of Gilroy Authorizing the Release of Unclaimed Checks to the City of Gilroy in the Amount of $684.00, Pursuant to California Code Section 50053 C. Notice of Completion for Tract No. 9642 - Carriage Hills, Phase IV, Standard Pacific D. Approval of Chip Seal Program Contract with Santa Clara County E. Approval of Clarification to McCarthy Ranch Property Improvement Agreement No. 2006-13 F. Acceptance of Grant Deed from the Santa Clara Valley Water District for Santa Teresa Boulevard at Lions Creek G. Approval of the Uvas Creek Outfall Reconstruction Project and Mitigated 1 9363 Negative Declaration and Mitigation Monitoring Program Motion on Consent Calendar Motion: to Approve Consent Calendar Items A, B, C, D, E, F, G 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 AI Pinheiro The Council moved on to Item VIII.A.to allow staff time to return to Chambers. VIII. PUBLIC HEARINGS A. Public Hearing to Consider the Placement of Special Assessment Liens for Non-Payment of Charges for the Collection of Garbage, Rubbish, Refuse in the City of Gilroy The staff report was presented by Finance Director Turner. Mayor Pinheiro opened the public hearing. A member of the public spoke on the tenant at his rental who had not paid their garbage bill, stating that he as the property owner should not have to pay the bill for them. The public hearing was closed. Motion on Item VIII.A. Motion: to Adopt Resolution 2011-35 of the City Council of the City of Gilroy Regarding the Imposition of a Special Assessment Lien for the Costs of Delinquent Garbage Collection Services for Certain Properties Located in the City of Gilroy Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano M.D. 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; Mayor AI Pinheiro No: Council Member Perry Woodward VII. BIDS AND PROPOSALS A. Approval of Workers Compensation Claims Administration Services Agreement with Innovative Claims Solutions, Inc. and Authorization to the City Administrator to Execute Related Documents The staff report was presented by Human Resources Director McPhillips. There were no public comments. Motion on Item VILA. Motion: to Approve Workers Compensation Claims Administration Services Agreement with Innovative Claims Solutions, Inc. and Authorization to the City Administrator to Execute Related Documents 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 Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro IX. UNFINISHED BUSINESS A. Appointments to One (1) Open Seat on the Library Commission, One (1) Open 9364 Seat on the Parks and Recreation Commission and One (1) Open Seat on the Planning Commission There were no public comments. Motion on Item IX.A. Motion: to Appoint Hugh Smith to the Library Commission, Pia Berryman to the Parks and Recreation Commission and Elizabeth Sanford to the Planning Commission with a Terms Expiring December 31, 2013, December 31, 2012 and December 31, 2011 respectively. Moved by Council Member Bracco, seconded by Council Member 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 X. INTRODUCTION OF NEW BUSINESS A. Demolition of Gilroy Gardens Swimming Pool The staff report was presented by Facilities Manager Rick Brandini. There were no public comments. Motion on Item X.A. Motion: to Approve the Demolition and Abandonment of Gilroy Gardens Swimming Pool Moved by Council Member Peter Leroe-Munoz, 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 XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund suggested that an update on the High Speed Rail Visioning project take place at a special meeting in July. The Council agreed to agendize the special meeting on July 19, 2011 at 6:00 p.m. Mayor Pinheiro asked if the Council wished to agendize the item that Mayor Pro Tempore Tucker had spoken on from the Cities Association. Mayor Pro Tempore Tucker spoke on the request sharing the background on the subject of Medicinal Marijuana regulation. The Council agreed to agendize the item. XII. CITY ATTORNEY'S REPORTS There were none. ADJOURNMENT at 7:14 p.m.