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Minutes 2012/08/06City of Gilroy City Council Meeting Minutes August 6, 2012 SPECIAL MEETING I. CLOSED SESSION The Council convened in closed session at 5:45 p.m. Present: Peter Arellano, M.D., Dion Bracco, Bob Dillon, Peter Leroe- Munoz, Cat Tucker and Al Pinheiro Absent: Perry Woodward A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section 17A.11(c) (1): Name of Case: Edward Bozzo, Phillip King v. City of Gilroy Court: United States District Court, Northern District Case No. 5:12 -cv- 02542 -HRL Date Case Filed: May 17, 2012 Acting City Attorney Faber explained that the Council was entering into closed session on the item because discussion of legal strategy in open session could harm the city's position in the case. The Council voted unanimously to continue in closed session. The Council adjourned from closed session at 5:55 p.m. with no reportable action. REGULAR MEETING I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 6:00 p.m. The invocation was given by Ruth Brenton, of the Baha'i Faith Community. City Clerk Shawna Freels announced that the agenda had been posted on August 1, 2012 at 4:00 p.m. Roll Call Present: 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 Al Pinheiro Absent/Excused: Council Member Perry Woodward B. Orders of the Day There were no agenda changes. C. Introductions There were no employee introductions. City Council Meeting Minutes 8 -6 -2012 2 II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro presented a proclamation honoring retiring Fire Chief Dale Foster. Mayor Pinheiro shared the proclamation naming September as Railroad Safety Month. Mayor Pinheiro shared the proclamation naming August as Breast Feeding Awareness Month. 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 none. B. Parks and Recreation Commission Annual Presentation to Council The presentation was given by Moe McHenry of the Parks and Recreation Commission. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco congratulated Robert "the Ghost" Guerrero for winning his title fight. Council Member Arellano thanked everyone who volunteered at the Garlic Festival. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Bracco spoke on the late John Garcia's involvement with youth in the community suggesting that the new youth center building be dedicated in his name. The Council agreed to agendize the item a future meeting. VI. CONSENT CALENDAR A. Minutes of July 16, 2012 Regular Meeting B. Ordinance No. 2012 -11 of the City Council of the City of Gilroy Amending Chapter 15, Articles 1 and 8 of the Gilroy City Code, Prohibiting Jaywalking Near Schools and in Other Areas of the City C. Notice of Acceptance of Completion for Demolition Project - 7347, 7353, 7355 Monterey Street, Project No. 12 -PW -190 D. Notice of Acceptance of Completion for Demolition Project at 271 Old Gilroy Street, Project No. 12 -PW -192 E. Approval of Budget Transfer from Equipment Outlay to Information Technology Motion on the Consent Calendar Motion: to approve Consent Calendar Items A, B, C, D, E Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 6 -0 -1. City Council Meeting Minutes 8 -6 -2012 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 Al Pinheiro Absent: Council Member Perry Woodward Public comment. Marc Perkel spoke against the adoption of the jaywalking ordinance stating that the law was unnecessary. VII. BIDS AND PROPOSALS A. Award of Consultant Services Contract to Harris and Associates, Inc. for On- Call Engineering and City Surveyor Services The item was presented by Senior Engineer Mack. There were no public comments. Motion on Item VII.A. Motion: to Approve Consultant Services Contract with Harris and Associates, Inc. for On -Call Engineering and City Surveyor Services Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -1 -1. Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro No: Council Member Dion Bracco Absent: Council Member Perry Woodward B. Award of Uvas Creek Trail Extension Project Contract to Guerra Construction in the Amount of $312,632.00, Project No. 13 -PW -198 The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.B. Motion: to Approve Consultant Services Contract with Guerra Construction in the Amount of $312,632.00, Project No. 13 -PW -198 Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -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; Mayor Al Pinheiro Absent: Council Member Perry Woodward C. Rejection of Pavement Maintenance FY 13 Project Bids, Project No. 12 -PW -200 The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.C. Motion: to Reject All Bids for the Pavement Maintenance FY 13, Project No. 12- PW -200 Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- M u noz. Vote: Motion carried 6 -0 -1. City Council Meeting Minutes 8 -6 -2012 M 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 Al Pinheiro Absent: Council Member Perry Woodward D. Award of On -Call Construction Management Services Contract to Nova Partners, Inc. The staff report was presented by Senior Engineer Mack. There were no public comments. Motion on Item VII.D. Motion: to Award On -Call Construction Management Services Contract to Nova Partners, Inc. Moved by Council Member Dion Bracco, 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 Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Perry Woodward VIII. PUBLIC HEARINGS There were none. IX. UNFINISHED BUSINESS A. Appointment of One (1) Member to an Unexpired Seat on the Library Commission With a Term Expiration of 12/31/2014 There were no public comments. Motion on Item IX.A. Motion: to Appoint Kay Spencer ember to an Unexpired Seat on the Library Commission With a Term Expiration of 12/31/2014 Moved by Council Member Bob Dillon, 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 Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Perry Woodward B. Discussion of Appointment of Seven (7) Members to the Sign Ordinance Review Task Force The item was presented by City Administrator Haglund. There were no public comments. Motion on Item IX.B. Motion: to Accept the 3 people who have applied with the 2 Council Members, 1 Planning commissioner and 1 member of the Chamber, and leave the application period open for additional applicants until the first 2 meetings of the Task Force have taken place. Moved by Council Member Peter Arellano M.D., seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -1 -1. City Council Meeting Minutes 8 -6 -2012 5 Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro No: Council Member Bob Dillon Absent: Council Member Perry Woodward C. City of Gilroy Intention to Form a Tourism Business Improvement District and to Levy and Collect Assessments Therein The staff report was presented by Finance Director Turner. There were no public comments. X. INTRODUCTION OF NEW BUSINESS A. Report on Gang Injunction Legislation The staff report was presented by Police Captain Svardal. There were no public comments. Motion on Item X.A. Motion: to Receive the Report Moved by Council Member Peter Leroe- Munoz, 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 Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Perry Woodward B. Consideration of a Resolution of the City Council of the City of Gilroy in Support of the Santa Clara Valley Water Districts Safe, Clean Water and Natural Flood Protection Program Ballot Measure The staff report was presented by City Administrator Haglund. There were no public comments. Motion on Item X.B. Motion: to Adopt a Resolution 2012 -35 of the City Council of the City of Gilroy in Support of the Safe, Clean Water and Natural Flood Protection Program Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 4 -2 -1. Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro No: Council Member Dion Bracco; Council Member Bob Dillon Absent: Council Member Perry Woodward C. Response to Santa Clara County Civil Grand Jury Report The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.C. Motion: to Approve City's Response to Santa Clara County Civil Grand Jury Report Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Cat Tucker. City Council Meeting Minutes 8 -6 -2012 6 Vote: Motion carried 6 -0 -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 Al Pinheiro Absent: Council Member Perry Woodward XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund stated that he would be out of the office August 20th through September 3rd XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Three (3) Cases Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section 17A.1 1(c) (1): 1. Name of Case: City of Gilroy v. McCarthy Gilroy LLC Court: Santa Clara County Superior Court Case No. 111 CV215228 Date Case Filed: December 19, 2011 2. Name of Case: City of Gilroy v. Garlic Crossing, LLC Court: Santa Clara County Superior Court Case No. 111 CV212020 Date Case Filed: October 27, 2011 3. Name of Case: Glen Loma Corporation, Arcadia Development Corporation, Ronan Avenue Investors, LLC v. City of Gilroy, et al. Court: Superior Court of California, County of Santa Clara Case No. 112CV226294 Date Case Filed: June 11, 2012 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7533 and 7780 Monterey Street, Gilroy, California (APN 841 -04 -020) Agency Negotiator: Thomas Haglund, City Administrator Other Party to Negotiations: Jose Montes Under Negotiations: Price and Terms of Lease Payment There were no public comments. Motion to Adiourn to Closed Session Motion: to adjourn to closed session on Item XIII.A. Moved by Council Member Bob Dillon, 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 Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Perry Woodward The Council adjourned to closed session at 7:26 p.m. City Council Meeting Minutes 8 -6 -2012 7 Motion to continue in closed session The Council voted to remain in closed session on Item XIII.B. by the following vote: Vote: Motion carried 6 -0 -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 Al Pinheiro Absent: Council Member Perry Woodward Lity uiem City Council Meeting Minutes 8 -6 -2012