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Minutes 2008/02/04 ~~_L 8787 Mayor Pinheiro stated that the meeting would be adjourned in the name of Mark Gibson Dias. B. Orders of the Day Roll Call Present: Council Member Peter Arellano, Council Member Dion Bracco, Council Member Bob Dillon, Council Member Craig Gartman, Council Member Cat Tucker, Council Member Perry Woodward and Mayor AI Pinheiro The Invocation was given by Malcome McPhail of New Hope Community Church. City Clerk Freels stated that the agenda had been posed on January 30,2008 at 4:20 p.m. Mayor Pinheiro led the Pledge of Allegiance. A. Call to Order at 7:00 p.m. I. OPENING ReQular MeetinQ There were no closed session announcements. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Clerk PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section 54957 Title: Police Chief City of Gilroy City Council Minutes Monday. February 4. 2008 Special MeetinQ/Closed Session 8788 C. Introductions There were no introductions of new employees. D. Presentations & Proclamations Mayor Pinheiro presented a proclamation and award to outgoing City Administrator Jay Baksa. Mayor Pinheiro presented a proclamation to outgoing Police Chief Gregg Guisianna. Mayor Pinheiro presented certificates of appreciation to: Tim Day, outgoing Planning Commissioner Joan Lewis, outgoing Planning Commissioner Bob Dillon, outgoing Library Commissioner Cat Tucker, outgoing Parks and Recreation Commissioner. Mayor Pinheiro presented the Employee of the Month Award for January 2008 to Don Dey. II. PUBLIC COMMENT A. BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL There were no public comments. III. CONSENT CALENDAR Motion on the Consent Calendar Motion was made by Council Member Dillon, seconded by Council Member Tucker and carried to approve Consent Calendar Items A and B. A. Minutes of December 17,2007 Regular Meeting B. Recommendation to Approve Budget Adjustments/Amendments IV. BIDS AND PROPOSALS There were no bids or proposals. V. PUBLIC HEARINGS There were no pubic hearing items. VI. UNFINISHED BUSINESS A. Architectural and Site Review approval to demolish an existing two story un- reinforced masonry building and reconstruct a new building of similar size on .06 acres at 7511 Monterey Street, north of Fifth Street intersection, APN 799-06-054, Joseph and Dorothy Rizzuto, c/o Steve Ashford, AS 07-46 Council Member Woodward recused himself from the item, explaining that the applicants were clients of his. He then left the dais. Motion on Item VI. A. Motion was made by Council Member Dillon, seconded by Council Member Tucker and carried (Council Member Woodward absent) to adopt Resolution No. 2008-04 approving Item VI.A. Council Member Gartman spoke on his discussions with Steve Ashford on the proceeding item, explaining that Mr. Ashford wanted to address the Council. Steve Ashford spoke on the requirement in the conditions of approval for he window and door frames explaining that the doors would take a lot of maintenance. 8789 Council Member Arellano spoke on the request for wood looking framing explaining that the Council was looking for a better quality framing that would add character to the building. Mr. Ashford explained that was the intent of the project, explaining that the building would remain the same as it was built in 1938 explaining that they were attempting not to change it from its original state. City Attorney Callon explained that the framing requirement from Staff or the Council could be amended. Mr. Ashford stated that it would be aluminum sash. City Attorney Cation suggested adding the condition aluminum that matches the original sash. Mr. Ashford agreed. Council Member Arellano asked if an amendment needed to be made. City Attorney Callon suggested the Council make a motion to change the condition to reflect the aluminum sash at the windows and doors. Second Motion on Item VI.A. Motion was made by Council Member Bracco, seconded by Council Member Tucker and carried (Council Member Woodward absent) to amend the condition for the window and door frames to aluminum. Council Member Woodward returned to the dais. Mayor Pinheiro explained that the Council had met in closed session to discuss the background investigation including a letter that was provided by the POA and the investigator provided a full report of the outcome of the investigation to Council. VII. INTRODUCTION OF NEW BUSINESS A. Appointment of Police Chief The staff report was presented by Human Resources Director LeeAnn McPhillips. Motion on Item VII.A. Motion was made by Council Member Bracco, seconded by Council Member Tucker and carried to appoint Denise Turner as Police Chief. B. Appointment of Historic Heritage Committee Member Mayor Pinheiro explained that the only applicant for the open seat was Kirk Shawn Tuckness. Motion on Item VII.B. Motion was made by Council Member Dillon, seconded by Council Member Arellano and carried to appoint Kirk Shawn Tuckness as Historic Heritage Committee Member. C. City of Gilroy Investment Policy and update on the Treasury The Staff report was presented by Co-Finance Director Turner. Motion on Item VII.C. Motion was made by Council Member Dillon, seconded by Council Member Arellano and carried to approve item VII.C. VIII. INTERIM CITY ADMINISTRATOR'S REPORT There was no report. 8790 IX. CITY ATTORNEY'S REPORTS There was no report. X. REPORTS OF COUNCIL MEMBERS 1. Procedures for the Disclosure of Police Records of Arrestee Addresses per. Government Code 6254 (f) (3) and Section 841.5 of the Penal Code Acting Police Chief Smithee presented the staff report on the item sharing the history of the booking sheet recordation and disclosure of portions which were public records. He shared the new program established by the County and subsequent use by the City of Gilroy including the compliance requirements for disclosure of the information. Mayor Pinheiro asked if the media was receiving the same information that they had been receiving before. Acting Police Chief Smithee explained that they were receiving more information then they did before explaining that the new reporting also included ticketing of offenders that were not brought in to be booked. Council Member Woodward asked if reporters had to sign for the booking sheet information each time they came in to request it. Acting Police Chief Smithee stated that he felt it was a bit extreme suggesting that 1 time per month was sufficient. Council Member Woodward asked if the report information could be provided electronically to the reporter who had signed for the report instead of having them come into the station each day. Acting Police Chief Smithee stated that it was a stand alone system and he was not sure if it could be provided electronically. Council Member Woodward asked if it could be printed out and faxed to the reporter. Acting Police Chief Smithee stated that it could if that was what they wanted to do. Council Member Woodward asked what information was provided in the report such as identifying information and personal belongings. Acting Police Chief Smithee stated that the booking sheet was a County form and if the person was booked at the County, they would complete the information. If the person was booked at the City, a separate booking sheet would be filled out. Council Member Woodward asked if the majority of the arrests had additional information other than identifying information that was provided on the booking sheet. Acting Police Chief Smithee stated that the majority of the arrests were cited out of the Police Department and not taken to the County jail so the form would not have the personal belongings. Council Member Woodward asked if the serious crime arrests would have the personal belonging information on the booking sheet. Acting Police Chief Smithee stated that they would. Council Member Woodward asked if the property was included on the electronic form. Acting Police Chief Smithee stated that it was not. Council Member Woodward then explained that the information previously provided to the media was not exactly the same information provided with the new electronic form. Acting Police Chief Smithee agreed. 8791 Council Member Woodward spoke on the items redacted out of the booking information asking which fields were redacted. Acting Police Chief Smithee explained that social security numbers and possibly FBI and identifying type numbers mayor may not be redacted, explaining that he did not know exactly what was redacted. Council Member Woodward spoke on the redaction process asking how the process took place and asked what amount of time it took. Acting Police Chief Smithee stated that it took a few minutes. Council Member Woodward asked if the booking sheets could be put in a binder for review each day and explained that approximately 10 or so people were booked per day. Mayor Pinheiro stated that the Council needed to look at the process in place and decided if there were further concerns about the process. Council Member Woodward stated that he asked to have the item agendized to make simple changes: have the reporter sign only once, fax or email the booking sheets to the newspaper, and redact the booking sheet information for the public and put it in a binder for review. Acting Police Chief Smithee explained that they were having the media sign the request once per month. Council Member Arellano spoke on the issue of signing for the booking information explaining that he agreed with the procedure and then asked Council Member Woodward what the purpose of signing the form. Council Member Woodward shared the history of the ruling. Council Member Arellano explained that there was no security measure with a fax or email of the report information as anyone could pick-up the fax or read the email, not only the person it was intended for. He then explained that the City would be using staff time and resources to redact and then provide the information as suggested, explaining that the City needed to have the reporter who had signed for the information pick it up. He then spoke on the previous process asking why the change had been made. Acting Police Chief Smithee explained that it added the citation arrest to the log and minimized the staff time for processing the information. Council Member Arellano spoke against using staff time to make the information available as a convenience, explaining that he believed that the time would be better spent on City safety. Council Member Bracco agreed with Council Member Arellano sharing the new system benefits and the staff needs to go back to the old way of providing the information. He agreed that the information should not be faxed or emailed for security reasons. Council Member Woodward stated that it was an open government issue, explaining that transparency was not always convenient. Council Member Bracco explained that the information that the media requested was still being provided to the them. Acting Police Chief Smithee shared all of the details provided in the new electronic booking report explaining that the information in their pockets, was not to be provided to the public. Council Member Arellano spoke on the booking process explaining that the person might not have broken the law explaining that they were not convicted but merely cited. He then spoke on previous abuse of the information explaining that the same information was available and the media could pick up the information. 8792 Council Member Woodward explained that the personal belonging information should be provided. Council Member Tucker spoke in support of the Police Department procedures. Motion on Item X.1 . Motion was made by Council Member Woodward to direct the Police Chief to make the information available to the dispatch electronically or by fax, that a signature on the declaration every 6 months is sufficient and that they provide a booking sheet binder with the appropriate redactions to be provided publicly at the counter. The motion died for lack of a second. Council Member Gartman suggested amending the motion to only require the binder and booking sheet declaration signature every 6 months. Council Member Woodward agreed to the amendment. The amended motion was seconded by Council Member Gartman but died for lack of a majority vote. Council Member Arellano spoke on the County Expressway Committee meeting sharing the ability to compete for funding for the expressway. Council Member Bracco spoke on the JPA's support of a library bond. Council Member Gartman spoke on the zebra mussel found in the Hollister areas and the shut down of various water facilities in the region. Council Member Tucker spoke on the city branding report provided. XI. MA VOR'S REPORT Mayor Pinheiro spoke on the Cities Association Board focus for 2008 and his appointment as an alternate on LAFCO. XIII. Closed Session CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: Old City Hall, 7400 Monterey Street Agency Negotiator: Anna Jatczak, Christina Turner, Cindy Murphy Other party to negotiations: Chips and Salsa, Inc. Under negotiation: Lease Assignment, Lease Terms, Renegotiation: Price and Terms of Payment. There were no closed session announcements. Council Member Arellano stated for the record that if anyone made comments in Closed Session that were racist, those comments should be restated in open session. ADJOURNMENT at 9:25 p.m. to the meeting of February 25, 2008