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Minutes 2011/10/03 1 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. 9390 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. 9591 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. 9392 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 ,,",,"'~i 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 9393 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 9394 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. fIi"""\<'~ 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 9395 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. I , I I SHAWNAfBEELS, CMC City Clerk