Loading...
Minutes 2011/09/12 I City of Gilroy City Council Meetina Minutes September 12.2011 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 reported that the agenda had been posted on September 7, 2011 at 12:00 p.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 MD B. Orders of the Day Mayor Pinheiro announced that Item VI.K, the Housing Advisory Board appointments would be pulled from the Consent Calendar. I. INTERVIEWS A. Interviews for Seven (7) Open Seats on the Youth Commission B. Interviews for One (1) Open Seat on the Bicycle Pedestrian Commission The Council interviewed applications. Council Member Peter Arellano M.D. joined the meeting at 6:13 p.m. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro spoke on the proclamation naming the week of September 25th - October 1st, 2011 as Sea Otter Awareness Week. III. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT Judy Mireles-Janisch presented the Fall 2011 Activity Guide with Council. 9381 Alex Larson spoke about his years of residency in the City of Gilroy and handed out a letter to Council regarding the move of the Visitor's Bureau to the Gilroy Outlets, requesting all city records which established the funding source for the Gilroy Visitor's Bureau from Transient Occupancy Tax. He stated that he believed there was a conflict of interest with the Visitor's Bureau selling retail products as they were funded by tax payer's money. Charles Larson spoke on the concept of creating the Visitors Bureau, stating that public money was funding the sale of retail products with the city's financial support of the Bureau and he believed that government should not be involved in retail sales. Public comment was closed. B. Gilroy Visitor's Bureau Annual Report Jane Howard of the Gilroy Visitor's Bureau gave the annual presentation. IV. REPORTS OF COUNCIL MEMBERS Council Member Leroe-Munoz recognized the Boy Scouts who were in attendance at the meeting. Council Member Dillon spoke on a recent letter to Supervisor Wasserman and request that the City Administrator provide information on the new animal shelter to return to Council at a subsequent meeting. MAYOR'S REPORT Mayor Pinheiro commended Fire Chief Foster and Police Chief Turner for the 10th anniversary event the previous day. He then spoke on a charity event held at the Gilroy Golf Course sharing the amount of public support of the fund raiser for Brian Bowe. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Arellano asked to agendize an item on the potential conflict of interest of the Gilroy Visitor's Bureau selling retail products. Council Member Arellano made a motion which died for lack of a second. Motion on Aaendizina Visitor's Bureau Presentation Motion: approve agendizing the Visitors Bureau presentation to answer any questions from the Council. Moved by: Council Member Dion Bracco, seconded by Mayor Pro Tempore Cat Tucker. 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 VI. CONSENT CALENDAR A. Minutes of August 1, 2011 Special Meeting B. Minutes of August 1, 2011 Regular Meeting C. Open Recruitment for One Seat on the Planning Commission with a Term Ending December 31,2013 D. Open Recruitment for One seat on the Parks and Recreation Commission with a Term Ending December 31,2014 9382 E. Approval of Decorative Tile Project at San Ysidro Park F. Claim of Evelyn Lemon, Robert Lemon and Loretta Rock (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) G. Claim of Sandra Dondero (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) H. Claim of Teresa Villasana (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) I. Claim of Elizabeth Hiserman (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) J. Claim of Miguel Arias (a "yes" vote under the Consent Calendar shall constitute the denial of the claims) K. Appointment of Fred Tovar as Gilroy Unified School District Representative and Seth Capron as Affordable Housing Representative to the Housing Motion on the Consent Calendar Motion: approve Consent Calendar Items A, B, C, D, E, F, G, H, I, J 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 AI Pinheiro ....-' VII. BIDS AND PROPOSALS A. Award of Gilroy/Morgan Hill Sewer Trunk Improvements Design Contract Amendment with Blair & Flynn, Consulting Engineers, Inc. in the Amount of $116,000.00 The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.A. Motion: to Award of Gilroy/Morgan Hill Sewer Trunk Improvements Design Contract Amendment with Blair & Flynn, Consulting Engineers, Inc. in the Amount of $116,000.00, and Authorize the City Administrator to Execute Related Documents 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 - VIII. PUBLIC HEARINGS A. Public Hearing for the 2011 Edward Byrne Memorial Justice Assistance Grant Projects and Programs Application of $20,114.00 for the 2011-2012 Fiscal Year The staff report was presented by Police Sergeant Gallacinao The public hearing was opened, there being no comment, the hearing was closed. 9383 Motion on Item VIII.A. Motion: to Approve the Application for Funding of $20,114.00 Under the 2011 Edward Byrne Memorial Justice Assistance Grant for the 2011-2012 Fiscal Year 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 AI Pinheiro B. Public Hearing to Consider the Placement of Special Assessment Liens for the Non-payment of Administrative Citation Penalties, Late Payment Penalties, and the Costs of Collection for Certain Properties Located in Gilroy, California Pursuant to Gilroy City Code Sections 6A.39 Through 6A.42 Motion to Continue Motion: to Continue the Item to the November 7,2011 Regular Meeting 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 C. Public Hearing to Consider the Adoption of an Urgency Interim Ordinance Extending for a Period of Ten (10) Months and Fifteen (15) days, Interim Ordinance No. 2011-11 Adopted as an Urgency Measure Prohibiting the Approval of Any Residential Development Project East of Highway 101 For a Period of Forty-five (45) Days The staff report was presented by City Administrator Haglund. The public hearing was opened. Julie Hutcheson of the committee of green foothills spoke in support of the ordinance. The public hearing was closed. Motion on Item VIII.C. Motion: to Introduce the ordinance by title only and waive further reading of ordinance Moved by Mayor Pro Tempore Cat Tucker, 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 City Clerk Freels read the ordinance by title. Second Motion on Item VIII.C. Motion: to Adopt an Urgency Interim Ordinance 2011-12 of the City Council of the City of Gilroy Extending for a Period of Ten (10) Months and Fifteen (15) days, Interim Ordinance No. 2011-11 Adopted as an Urgency Measure Prohibiting the Approval of Residential Development Project East of Highway 101 For a Period of Forty-five (45) Days 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 AI Pinheiro 9384 IX. UNFINISHED BUSINESS There were no items. The Council adjourned for break at 7:25. p.m. The Council reconvened at 7:32 p.m. X. INTRODUCTION OF NEW BUSINESS A. Presentation by Tim Gavin on Traffic Issues on Welburn Avenue Tim Gavin presented to the Council. Public comment was opened. A gentleman asked what would be different about the traffic study speaking on the amount of traffic in the area. He suggested that a comparison to First street take place explaining that a stop light would eliminate the issue. He then asked that the First street be painted red to eliminate the parking. Robert Taylor stated that for 5 years the residents in the neighborhood had been dealing with the same issue. He explained that the residents in the area didn't believe anything would ever be accomplished until someone got hurt. Public comment was closed. Motion on Item X.A. Motion: approve agendize staff report with the costs and scope of a traffic study ""''''''' for the area at the October 17, 2011 meeting. Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 5-2. Yes: 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 M.D.; Council Member Dion Bracco B. Review of Regulations on Chickens and Rabbits in City Residential Districts The staff report was presented by Community Development Director Abrams. There were no public comments. Motion on Item X.B. Motion: to Continue the item to allow Council time to review of the various ordinances from other cities. Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Dion Bracco - C. Response to June 9, 2011 and June 10, 2011 Grand Jury Reports The staff report was presented by City Administrator Haglund. There were no public comments. 9385 Motion on Item X.C. Motion: to Approve the City's Response to June, 2011 Grand Jury Reports Moved by Council Member Peter Leroe-Munoz, seconded by Mayor Pro Tempore Cat Tucker. 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 D. Santa Clara County Recycling and Waste Reduction Commission Recommendation of Regional Policy to Address the Impacts of Expanded Polystyrene (EPS) E. A Resolution of the City Council of the City of Gilroy Encouraging the Use of Reusable Carry-out Bags and Discouraging Use of Single-use Plastic Bags Within the City of Gilroy City Administrator Haglund asked to present both items in tandem, and then presented the staff report. Public comment was opened. Julie Hutcheson of the committee for green foothills stated that the committee was in support of adopting the resolution, and asked the Council to suggest that the water district reduce plastic in the watershed. She stated that her group was not "for" paper bags, but was in support of using reusable bags. Marc Perkel spoke in opposition to adopting the resolution and spoke on the issue of plastic being environmentally cleaner than paper. He explained that plastic was traditionally made out of oil and took a long time to decompose and suggested considering putting plastic in carbon mines. He explained that voting against plastic was a vote for paper. Public comment was closed. Motion on Item X.E. Motion: to adopt Resolution 2011-41, with the addition of Council discouraging the use .of the polystyrene. Moved by Council Member Peter Leroe-Munoz, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Bob Dillon XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund stated that he would be attending the ICMA conference the following week. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION; Pursuant to California Government Code Section 54956.9(a) and GCC Section 17A.11(c) Case: Donald Sipple, John Simon, Karl Simonsen and Christopher Jacobs, Settlement Representatives; New Cingular Wireless PCS, LLC, a Delaware limited -1 i ! 9386 liability company v. The City of Alameda, California, et al. Superior Court of the State of California, County of Los Angeles, Case No. BC462270, filed May 27, 2011. (Complaint for Refunds of Taxes Erroneously Paid and Collected in Violation of Law) City Attorney Callon explained that to protect the City's position, the Council would be deliberating in closed session regarding the existing litigation. There were no public comments. Motion to Adiourn to closed session Motion: to Adjourn to Closed Session Moved by Council Member Perry Woodward, 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 Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent: Council Member Bob Dillon .\