Minutes 2011/11/07
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City of Gilroy
City Council Meetina Minutes
November 7.2011
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:03 p.m. and led the pledge of allegiance
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The invocation was given by Pastor Malcolm MacPhail of New Hope Community
Church.
City Clerk Freels reported that the agenda has been posted on November 2, 2011 at
12:00 p.m.
Roll Call
Present: Counc;i1 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
Absent/Excused: Council Member Dion Bracco
B. Orders of the Day
Council Member Woodward explained that he would need to recuse himself from
deliberations on several of the Closed Session Items due to ownership of property on
Monterey Street, and asked to move Closed Session Item XIII.E. to the top of the closed
session calendar.
The Council agreed to hear item XIII.E. first.
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
There were no public comments.
B. Annual Presentation by the Historic Heritage Committee
The presentation was given by Chair Bill Faus.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Arellano reported that he had attended the general membership
meeting of ABAG, explaining that "greening our communities" was the topic of the
meeting.
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Council Member Leroe-Muiioz announced that he had been working with the Principals
at Gilroy High and Mt. Madonna on a woman in business forum to be held on November
1 ih at Gilroy High School.
Council Member Dillon announced that he would be out of town on Veterans Day, and
spoke on the planned Gilroy Veterans Day event.
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V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
VI. CONSENT CALENDAR
Mayor Pinheiro asked to pull item B from the consent calendar.
A. Minutes of October 17, 2011 Regular Meeting
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C. Claim of Laura Lujan (the City Administrator Recommends a "yes" vote under the
Consent Calendar shall constitute the denial of the claim)
Motion on Consent Calendar Items A and C
Motion: approve Consent Calendar Items A and C
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 Bob Dillon; Council
Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward; Mayor AI Pinheiro
Absent: Council Member Dion Bracco
B. Open Annual Recruitment for 2012 Board, Committee and Commission
Openings
Mayor Pinheiro spoke on the 2012 Board, Commission and Committee openings,
explaining that it was the opportunity for members of the public to participate in the
community; he then shared the listing of open seats.
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Motion on Consent Calendar Item B
Motion: approve Opening of the Annual Recruitment for 2012 Board, Committee
and Commissions
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Arellano M.D.
Vote: Motion carried 6-0-1.
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
Absent: Council Member Dion Bracco
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VII. BIDS AND PROPOSALS
VIII. PUBLIC HEARINGS
A. Adoption of the 2011 Comprehensive Fee Schedule
The staff report was presented by Finance Director Turner.
The public hearing was open, there being no public comments, the hearing was closed.
Motion on Item VIII.A. -
Motion: to Adopt Resolution 2011-43 of the City Council of the City of Gilroy
Revising the Comprehensive Schedule of Fees Charged by All Departments of the "'-
City
Moved by Council Member Bob Dillon, seconded by Council Member Peter
Arellano M.D.
Vote: Motion carried 6-0-1.
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
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Absent: Council Member Dion Bracco
IX. UNFINISHED BUSINESS
A. City Truck Route Modification - Removal of Truck Route on Murray Avenue,
100F Avenue, Forest Street and Lewis Street
Council Member Woodward recused himself from deliberations on the item, explaining
that he owned a home on Forrest Street on the truck route; he then left the Council
Chambers.
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The staff report was presented by Traffic Engineer Dey.
Public comment was opened.
Mike Bartkowski spoke in opposition to the truck route on Murray Avenue stating that it
was a major inconvenience for the residents in the area.
Andrea Hightower spoke in opposition to the truck route on Murray sharing a map of the
route and explaining that the truck route was a safety issue for herself and the other
residents in the area.
Dom Payne spoke in opposition to the truck route on Murray, explaining that it was a
safety issue and the streets were in need of repair.
Joe Sanchez spoke in opposition to the new truck route stating that the existing truck
route was sufficient and all necessary infrastructure was in place already.
Robert Sigala spoke in opposition to the new truck route, explaining that it was a hazard
in some areas and there was no need for truck traffic on some of the streets. He
explained that the truck route wasn't needed as it had been when the canneries were in
existence.
Patty Sweeney spoke on the previously proposed route on Lewis and the existing route
explaining that the better route was 10th Street to Alexander as the neighborhoods on
lOaF, Lewis and Murray were not suitable streets for a truck route.
Jesus spoke in opposition to the truck route stating that there was no sound judgment in
putting the truck route near schools and near the children's home.
Sally Armendariz spoke in opposition to the truck route explaining that it negatively
affected residents, explaining that in 1957, the truck route was down Forest road and a
child had been hit, which is why the route was moved to lOaF. She then spoke on the
petition from residents that had been handed out to the Council.
Joyce Taylor explained that her neighborhood would be dramatically impacted if the
Forest Avenue truck route was moved as the Sanchez business would go out of
business.
Thomas Muniz stated that a long term solution needed to be made explaining that the
truck route as proposed was in opposition to the Safe Route to Schools program. He
explained that the city of Hollister had decided to move their truck route around the city,
stating that safety should be the number one concern.
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Raymundo Armendariz stated that the route should be removed from Murray Avenue as
there was no rational reason for a truck route in a residential area. He then spoke on the
petition he had circulated throughout the neighborhood stating that it was a safety
concern.
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Victor Frias spoke on the truck route explaining that his trucking company suggested
that their drivers go around the city, instead of through town on the truck route as it was
safest. He explained that a truck route near a school was especially dangerous sharing
the difficulty with large trucks making turns, and further explained that trucks caused the
majority of the damage to city streets.
John Ceballos stated that the residents of Gilroy did not want the route through
neighborhoods, explaining that other cities planned their truck routes around the city,
and not through it.
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Art Barron spoke on his wife's vehicle being hit by a semi truck at the junior high school
on the truck route, stating that it didn't make sense to encourage trucks to go through a
neighborhood.
Tricia Sanchez spoke on the staff recommendation that the route be changed due to
truck parking issues. She explained that she as a truck driver had never hit anyone, and
the real issue was the speed of traffic on Forrest Street. She explained that her trucks
had been parked on Church street and her neighbors had no issues with it.
Domingo Santiago stated that in the 16 years he had been living on the east side of
Gilroy, he had found a friendship within the community. He explained that the trucking
business would be negatively impacted if the route was moved.
Joseph Sanchez, Jr. stated that he and his family had been in business in Gilroy for a
number of years explaining that the existing truck route had been in place since the 70's
and should not be changed.
George stated that he didn't see a problem with the trucks parking on Forest Street,
stating that the public's safety was a huge concern to the owners of the trucks.
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Public comment was closed.
Motion on Item IX.A.
Motion: to take no action and have the City Attorney return with information on
the legality of allowing the Sanchez trucks to park at their business if not deemed
a truck route, and if legal, to come back to Council for approval.
Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 3-2-1-1.
Yes: Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor AI
Pinheiro
No: Council Member Peter Arellano M.D.; Mayor Pro Tempore Cat Tucker
Absent: Council Member Dion Bracco
Abstain: Council Member Perry Woodward
X. INTRODUCTION OF NEW BUSINESS
A. Review of Water and Wastewater Rate Studies
Council Member Woodward returned to the dais.
The staff report was presented by Finance Director Turner.
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There were no public comments.
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Motion on Item X.A.
Motion: to Receive Report and Direct Staff to start Prop 218 Process
Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 6-0-1.
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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
Absent: Council Member Dion Bracco
B. Introduction of an Ordinance for Municipal Storm Water Protection and
Discharge Control and Post Construction Storm Water Pollution Prevention
The staff report was presented by Fire Marshal Bretschneider.
There were no public comments.
Motion on Item X.B.
Motion: to Introduce the Ordinance by Title Only and Waive Further Reading
Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 6-0-1.
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
Absent: Council Member Dion Bracco
Second Motion on Item X.B.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Adopting Chapter 27C Municipal Storm Water Protection and Discharge Control,
and Chapter 270 Post Construction Storm Water Pollution Prevention, into the
Gilroy City Code
Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe
Munoz.
Vote: Motion carried 6-0-1.
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
Absent: Council Member Dion Bracco
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund suggested that the Council agendize an update on the
visioning process for high speed rail at a special meeting on December 12, 2011.
City Clerk Freels reminded the Council that there was a scheduled special meeting on
the 1 ih for Board, Commission, and Committee interviews.
The Council agreed to agendize the update item following the interviews.
City Administrator Haglund then suggested that the December 19, 2011 Council
meeting be cancelled as had been done the previous year.
The Council agreed to cancel the meeting.
XII. CITY ATTORNEY'S REPORTS
There was no report.
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XIII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 and Gilroy City Code Section
17A.8(a)(2)
Property: 7780 Monterey Street, Gilroy, CA.
Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer/Public
Works Director
Other Party to Negotiations: Eric Howard Representing the Gilroy Downtown Business
Association
Under Negotiations: Price and Terms of Payment
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 and Gilroy City Code Section
17A.8(a)(2)
Property: 7453 Monterey Street, Gilroy, CA.
Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer/Public
Works Director
Other Party to Negotiations: Miguel Gaeta
Under Negotiations: Price and Terms of Payment
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 and Gilroy City Code Section
17A.8(a)(2)
Property: 7525 Monterey Street, Gilroy, CA.
Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer/Public
Works Director
Other Party to Negotiations: Sunel Patel
Under Negotiations: Price and Terms of Payment
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 and Gilroy City Code Section
17A.8(a)(2)
Property: 7533 Monterey Street, Gilroy, CA. (APN 799-06-049)
Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer/Public
Works Director
Other Party to Negotiations: Jose Montes
Under Negotiations: Price and Terms of Payment
E. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Subdivision (c) of Government Code
Section 54956.9 and Gilroy City Code Section 17A.11 (c) (2)
Two (2) Cases as Plaintiff
There were no public comments on the closed session items.
City Attorney Callon stated that the City Council would be deciding on the initiation of
litigation, and the Council would be voting to assert the client privilege.
Motion on Closed Session Item XIII.E.
Motion: approve Motion to Assert the Attorney Client Privilege for Item XIII.E.
and Adjourn to Closed Session
Moved by Council Member Perry Woodward, seconded by Council Member
Peter Leroe-Munoz.
Vote: Motion carried 6-0-1.
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
Absent: Council Member Dion Bracco
City Council Meeting Minutes
11-7-2011
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Council Member Woodward stated that he would be recusing himself from Closed
Session Items B, C, and D due to his ownership of properties within 500 feet of the
subject properties.
The Council adjourned to closed session at 8: 37 p.m.
Motion to Continue in Closed Session on Items A & E
The Council voted to continue in closed session on Items A and E by the
following vote:
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon;
Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council
Member Perry Woodward; Mayor AI Pinheiro
Absent: Council Member Dion Bracco
Motion to Continue in Closed Session on Items B. C. & 0
The Council voted to con.tinue in closed session on Items B, C & 0 by the
following vote:
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon;
Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Mayor AI
Pinheiro
Absent: Council Member Dion Bracco
Abstain: Council Member Perry Woodward
City Council Meeting Minutes
11-7-2011