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Minutes 2011/10/17 -I , , City of Gilroy City Council Meetina Minutes October 17. 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 Dr. Melody Zarghami of the Bahai Faith Community. City Clerk Freels announced that the agenda had been posted on October 12, 2011 at 10:30 a.m. Roll Call Present: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Mufioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Orders of the Day Mayor Pinheiro shared the loss of Recreation Supervisor John Garcia and presented his biography and service to the community. He announced that the meeting would be adjourned in John Garcia's name, and asked for a moment of silence in remembrance of John. INTERVIEWS A. Interviews for the Development Standards Task Force The Council interviewed candidates for the Development Standards Task Force. II. CEREMONIAL ITEMS 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 9396 There were no public comments. B. Annual Presentation by the Arts & Culture Commission The presentation was given by Carol Peters, Chair of the Arts and Culture Commission. City Administrator Haglund spoke on the Operation Garlic Press Police activity announced in a press release the previous Friday. Police Chief Turner presented information on the operation. Mayor Pinheiro thanked the Police Chief for the efforts of her department, and explained that he had received several calls from members of the public thanking the City for the actions of the Police Department. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco explained that he had received numerous calls thanking the police department and the Council for the operation garlic press. He then offered condolences to the family of John Garcia sharing his friendship with John. Council Member Arellano spoke in honor of John Garcia and gave condolences to his family. MAYOR'S REPORT Mayor Pinheiro announced that the Mobility Partnership had met the previous Friday with San Benito County Supervisors, and explained that there were 3 proposed options of re-alignment through the corridor, stating that he would be going to Sacramento to request funding for additional study and design work. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Dillon suggested agendizing a resolution thanking all of the agencies for their participation in Operation Garlic Press, with a request for no plea bargains and maximum sentencing. The Council agreed to agendize the item. VI. CONSENT CALENDAR Mayor Pinheiro asked to pull Item VI. C from the consent calendar. A. Minutes of October 3, 2011 Regular Meeting B. Submission of California River Parkways Grant Application in the Amount of $1,039,670.00 for the Construction of the Ronan Channel Trails Project Motion on Consent Calendar Items A and B Motion: to Approve the Consent Calendar A and B. Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Leroe-Mufioz. 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. Removal and Disposition of Museum Collection Items Mayor Pinheiro asked to have the items from Sister City Montecelli, Italy be given to the Sister Cities Association to add to the City library's Sister Cities exhibit. 9397 Motion on Item VI.C. Motion: Approval of the Removal and Disposition of Museum Collection Items with the understanding that before any of the books leave the City, the City Council will approve of the disposition. 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-Mufioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VII. BIDS AND PROPOSALS A. Award of Consultant Services Contract with Hexagon Transportation Consultants in the Amount of $138,520.00 for the Vehicle Emissions Reduction Based at Schools (VERBS) Grant - Safe Route to School Design The staff report was given by Transportation Engineer Dey. There were no public comments. Motion on Item VII.A. Motion: to Approve Award of Consultant Services Contract with Hexagon Transportation Consultants in the Amount of $138,520.00 for the Vehicle Emissions Reduction Based at Schools (VERBS) Grant - Safe Route to School Design, and Authorization to the City Administrator to Execute Related Documents Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Mufioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VIII. PUBLIC HEARINGS There were none. IX. UNFINISHED BUSINESS A. Appointment to One (1) Open Seat on the Planning Commission There were no public comments. Motion on Item IX.A. Motion: to Appoint Tom Fischer to the Planning Commission With a Term Expiring December 31,2013 Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Mufioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Appointment to One (1) Open Seat on the Parks and Recreation Commission There were no public comments. 9398 Motion on Item IX.B. Motion: to Appoint Robert Enriquez to the Parks and Recreation Commission With a Term Expiring December 31, 2014 Moved by Council Member Peter Leroe-Mufioz, 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-Mufioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro C. Appointments to the Development Standards Task Force There were no public comments. Mayor Pinheiro suggested adding one additional member at large to the Task Force. Motion on Item IX.C. Motion: to Appoint all Six (6) Members: Ann Marie Palmer, William Scheid Jr., Carolyn Tognetti, Arminta Jensen Skip Spiering and Tim Filice to the Development Standards Task Force, and open the recruitment for one additional member of the community at large. 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-Mufioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro D. Welburn Avenue Neighborhood Traffic Study General Plan Circulation Element Analysis and Draft Scope of Work The staff report was presented by Traffic Engineer Dey. Public comment was opened. Tim Gavin spoke on the number of cars and the City's General Plan circulation element sharing the policy on maintaining the streets for their intended purpose. He explained that the Council was continually pushing off the needed traffic study for the area and the need to remedy the traffic problems on Welburn. Ruben Ynzunza stated that he had been living on Welburn Ave. for 40 years explaining that neither he nor his neighbors on Welburn had been invited to participate in the General Plan amendment process and traffic circulation study that the City Administrator had mentioned. He explained that the street was dramatically impacted and a better traffic plan needed to be developed, stating that a general plan amendment process would have the same outcome as the last general plan process which had stated that the traffic pattern on Welburn needed to be improved. A resident at 391 Welburn stated that there were numerous traffic accidents prior to the stop signs that had recently been put in on Welburn, and he believed it would be a great disservice to the residents in the Welburn area if the traffic study was not completed. Public comment was closed. Failed Motion on Item IX.D. Motion: to Direct Staff to Issue a Request for Proposal (RFP) for a General Plan Circulation Element Analysis, and Enter into an Agreement with a Traffic and Transportation Consulting Firm to Prepare the Phase 1 General Plan Circulation Element Analysis for the Welburn Avenue Neighborhood Traffic Study Maximum of $125,000 Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion failed 3-4. 9399 Yes: Council Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward No: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe-Muiioz; Mayor AI Pinheiro Motion on Item IX.D. Motion: to take no further action on the item. Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe-Mufioz Vote: Motion carried 5-2. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe-Mufioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward No: Council Member Bob Dillon; Mayor AI Pinheiro E. City Truck Route Modification - Truck Route on Murray Avenue, IOOF Avenue, Forest Street and Lewis Street Council Member Woodward recused himself stating that he owned property on the truck route. He then left the Council Chambers. The staff report was presented by Traffic Engineer Dey. There were no public comments. Failed Motion on Item IX.E. Motion: 0 Adopt a Resolution of the City Council of the City of Gilroy Designating and Describing Truck Traffic Routes Within the City Moved by Council Member Peter Leroe-Munoz, seconded by Council Member Bob Dillon. Vote: Motion failed 3-3-1. Yes: Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor AI Pinheiro No: Council Member Peter Arellano MD; Council Member Dion Bracco; Mayor Pro Tempore Cat Tucker Absent: Council Member Perry Woodward Motion on Item IX.E. Motion: to return at the next meeting with the original proposal from the previous meeting ending at Lewis Street. Moved by Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 4-2-1. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe-Mufioz; Mayor Pro Tempore Cat Tucker No: Council Member Dion Bracco; Mayor AI Pinheiro Absent: Council Member Perry Woodward Council Member Woodward returned to the Council Chambers. F. Review of Regulations on Chickens and Rabbits in Residential Districts The staff report was presented by Community Development Department Director Abrams. There were no public comments. Motion on Item XI.F. Motion: to direct staff to prepare a draft ordinance modeled after the San Jose ordinance that doesn't allow roosters or more than 6 animals. Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. 9400 Vote: Motion carried 4-3. Yes: Council Member Peter Arellano M.D.; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Mufioz x. INTRODUCTION OF NEW BUSINESS A. Memorandum of Understanding (MOU) With the Urban Area Security Initiative (UASI) for the Purpose of Securing Grant Funding to Purchase a Robotex Avatar Micro Robot The staff report was presented by Police Captain Svardal. There were no public comments Motion on Item X.A. Motion: to Approve a Memorandum of Understanding (MOU) With the Urban Area Security Initiative (UASI) for the Purpose of Securing Grant Funding to Purchase a Robotex Avatar Micro Robot Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Mufioz. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Mufioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro XI. CITY ADMINISTRATOR'S REPORTS There was no report. l!I"A'q, XII. CITY ATTORNEY'S REPORTS There was no report. XIII. ADJOURNMENT The meeting was adjourned in the memory of John Garcia.