Minutes 2011/10/03
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City of Gilroy
City Council Meetina Minutes
October 3. 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 Bishop Jeff Scherck of the Church of Jesus Christ of Latter
Day Saints.
City Clerk Freels reported that the agenda had been posted on September 28, 2011 at
10:30 a.m.
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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
Mayor Pro Tempore Tucker asked to move Item X.A. up the agenda following the
consent calendar.
The Council agreed to move the item.
I. INTERVIEWS
A. Interviews to Fill One (1) Open Seat on the Parks and Recreation Commission
Council Member Peter Arellano M.D. joined the meeting at 6:06 p.m.
B. Interviews to Fill One (1) Open Seat on the Planning Commission
The Council interviewed candidates.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Pinheiro presented a certificate of appreciation to former Planning Commissioner
Joan Spencer for her service on the Planning Commission from 2006 to August, 2011.
Mayor Pinheiro presented the proclamation Naming October 9 - 15, 2011 as Fire
Prevention Week.
III. PRESENTATIONS TO COUNCIL
A. Public Comment on Items Not on the Agenda
Candace Lattyak, Cindy McCown and Kathleen King invited the City Council to
participate in the 2011 Turkey Trot.
B. Annual Presentation by the Planning Commission
IV. REPORTS OF COUNCIL MEMBERS
Council Member Dillon spoke on his recent attendance at a City Museum event
recommending the book presented at the event as it was filled with Gilroy political
history.
MA VOR'S REPORT
Mayor Pinheiro announced that he had traveled up to the city of San Carlos for ideas on
rail stations and had found the amenities to the architecture very impressive. He then
stated that he would be going to Sacramento to speak before the transportation
committee requesting monies for the Highway 152/156 roadway projects.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Woodward asked to agendize an item on amending the membership of
the Open Government Commission to include members of the public. Hearing that the
Commission was addressing the item, he then withdrew his request.
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VI. CONSENT CALENDAR
Council Member Arellano asked to pull Item A, the minutes of September 12, 2011, and
then stated that he had been ill the meeting of September 19, 2011, but had reviewed
the video of the meeting.
Motion on Consent Calendar Items B throuQh 0
Motion: to approve consent calendar items B through 0
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
B. Minutes of the September 19, 2011 Regular Meeting
C. Appointment of Council Member Perry Woodward to the VTA Board of
Directors
D. Appointment Andy Lief to the Housing Advisory Committee for a Two (2) Year
Term Beginning October 1, 2011
Motion on Item VI.A.
Motion: to approve Item A. Minutes of the September 12,2011 Regular Meeting
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
A. Minutes of the September 12, 2011 Regular Meeting
X. INTRODUCTION OF NEW BUSINESS
A. Visitors Bureau Report on Retail Sales
The item was introduced by City Administrator Haglund.
Jane Howard of the Visitor's Bureau presented the report, sharing the Visitor's Bureau
strategic planning and Board's identified goals.
Public comment was opened.
Alex Larson spoke in opposition to the Visitor's Bureau selling retail products explaining
that many of the items they were selling were carried in his Rapazzini Winery and Garlic
Shop stores in Gilroy. He explained that the City funds given to the Visitor's Bureau
were being used to be in direct competition with other retailers in the community. He
then stated that Council Member Woodward, Mayor Pro Tempore Tucker and Mayor
Pinheiro should all recuse themselves as they each had a conflict of interest.
Motion to allow a three (3) minute speakinQ limit on the item
Motion: approve a three (3) minute speaking limit on the item.
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 M.D.
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Diana Sturla spoke on the Visitor's Bureau move to the Outlets stating that the City
should not be funding the organization to sell retail products.
Charlie Larson spoke in opposition to the Visitor's Bureau selling retail products in the
Outlet location stating that no one on the Visitor's Bureau Board, nor on the City Council
had responded to his recent requests for information.
Public comment was closed.
The Council received the report.
The Council adjourned for a break at 7:35 p.m.
The Council reconvened at 7:45 p.m.
VII. BIDS AND PROPOSALS
A. Award of Consultant Services Contract With Drake Haglan & Associates in the
Amount of $748,035.00 to Prepare the Ronan Channel and Lions Creek Trail
Design Project No. 12-RFP-PW-356
The staff report was presented by Traffic Engineer Dey.
There were no public comments.
Motion on Item VILA.
Motion: to Award Consultant Services Contract With Drake Haglan & Associates
in the Amount of $748,035.00 to Prepare the Ronan Channel and Lions Creek Trail
Design Project, and Authorization to the City Administrator to Execute Related
Documents
Moved by Council Member Bob Dillon, 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
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B. Award of a 3-year Service Contract With West Coast Arborist, Inc. for Tree
Pruning and Maintenance Services in an Amount Not to Exceed $151,000.00
Each Year, Project No. 12-RFP-PW-357
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item VII.B.
Motion: to Approve a 3-year Service Contract With West Coast Arborist, Inc. for
Tree Pruning and Maintenance Services in an Amount Not to Exceed $151,000.00
Each Year, and Authorization to 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 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
There were none.
IX. UNFINISHED BUSINESS
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A. City Owned Dwelling at 271 Old Gilroy St. - Project No. 12-PW-191
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item IX.A.
Motion: to Direct Staff to Modify the Demolition Specifications to Allow Two
Weeks in the Schedule After Removal of Hazardous Materials, to Allow the
Historic Heritage Committee to Salvage Items; and Direct Staff to Re-bid the
Demolition Project
Moved by Council Member Dion Bracco, 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
B. Consideration of Continuation in the Santa Clara Valley Habitat Plan
The staff report was presented by Senior Planner Ketchum.
Public comment was opened.
Jim Conklin of the South County Business Council stated that his organization believed
that the plan needed to be amended explaining that a large group of additional people
needed to be included in the process such as the Farm Bureau. He then explained that
there was no fiscal reality to the plan as structured.
Tom Espersen commented that Gilroy would be in a much better position when
proposing large infrastructure if the Habitat Conservation Plan went through.
Brian Schmidt of the committee for green foothills spoke in favor of the continued
participation in the Habitat Conservation Plan stating that the costs were known.
There were no further public comments.
Motion on Item IX.B.
Motion: to Continue Participation in the Santa Clara Valley Habitat Plan as per
staff report.
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Arellano M.D.
Vote: Motion carried 4-3.
Yes: Council Member Peter Arellano M.D.; 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
B. City Truck Route Modification - Removal of Truck Route on Murray Avenue,
IOOF Avenue, Forest Street and Lewis Street
The staff report was presented by Traffic Engineer Dey.
Council Member Woodward recused himself from deliberations on the item explaining
that he owned a home in the area of the truck route. He then left the dais.
Public comment was opened.
Joe Sanchez asked the Council to consider leaving the truck route alone explaining that
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there was one section of residential in the existing route.
There were no further public comments.
Failed Motion on Item X.B.
Motion: to leave the truck route alone for now, and if a need arises direct staff to
address it.
Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion failed 3-3.
Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter
Leroe-Munoz
No: Council Member Peter Arellano MD; Mayor Pro Tempore Cat Tucker; Mayor AI
Pinheiro
Absent: Council Member Perry Woodward
Motion on Item X.B.
Motion: to leave Murray alone, continue on IOOF along to the Forrest portion
going to Lewis, and on to Chestnut and take out the corner section.
Moved by Mayor AI Pinheiro, seconded by Mayor Pro Tempore Cat Tucker.
Vote: Motion carried 4-2-1.
Yes: Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro
Tempore Cat Tucker; Mayor AI Pinheiro
No: Council Member Peter Arellano M.D.; Council Member Dion Bracco
Absent: Council Member Perry Woodward
C. Radio Communication Narrowband Compliance and Equipment Upgrades for
Public Safety
Council Member Woodward returned to the dais.
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The staff report was presented by Police Captain Gillio.
There were no public comments.
Motion on Item X.C.
Motion: to Authorize the Purchase of Mortorola Radio Equipment for Public
Safety Use Through Santa Clara County as Part of the Federal Communications
(FCC) Narrowband Radio Frequency Compliance Project
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
D. Discussion of Public Facilities Impact Fee Reduction
The staff report was presented by City Engineer Smelser.
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 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
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XI. CITY ADMINISTRATOR'S REPORTS
There was no report provided.
XII. CITY ATTORNEY'S REPORTS
There was no report.
ADJOURNMENT TO THE MEETING OF OCTOBER 17, 2011 at 9:58 p.m.
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SHAWNAfBEELS, CMC
City Clerk