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Minutes 2010/06/14 r - City of Gilroy City Council Special Meetina Minutes June 14.2010 I. CLOSED SESSION The Mayor called the special meeting to order at 6:00 p.m. Roll Call Present: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D.; Council Member Perry Woodward A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5) Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Jeff Sloan, City Legal Counsel; Dale Foster, Fire Chief ..... Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandum of Understanding: MOU between the City of Gilroy and the Firefighters Local 2805 9219 B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5) Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers City Negotiators Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Denise Turner, Police Chief Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: MOU Between the City of Gilroy and Gilroy Police Officers Association, Inc. There were no public comments. The Council adjourned to closed session at 6:03 p.m. Council Member Woodward joined the meeting at 6:10 p.m. The Council reconvened to open session at 7:00 p.m. There were no closed session announcements. I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 7:00 p.m. and led the pledge of allegiance. The invocation was given by Mike Etamandi of the Bahai Faith. City Clerk' Freels reported that the agenda had been posted on June 9, 2010 at 4:00 p.m. Roll Call Present: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Orders of the Day Mayor Pinheiro asked to move item IX.A. up the agenda following the consent calendar. He then asked to continue item IX.C and closed session item XII.A. to July 19, 2010. Motion to Continue Items IX.C and XII.A and move item IX.A UP the aaenda Motion: Continue Items IX.C. and XII.A. to the meeting of July 19, 2010, and move Item IX.A up the agenda, following the consent calendar. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro C. Proclamations, Awards and Presentations II. PRESENTATIONS TO COUNCIL 9220 A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Chris Cote spoke on the number of deer coming into the city sharing a recent accident caused by a deer running out in front of a vehicle. He then asked the Council to consider putting up signing in the area to indicate there were deer crossing. He then spoke on a Santa Clara Valley Water District grant application for the City of Gilroy and request for an award, explaining that a vote would be taken by the water district the following day. He then asked the Council to contact the board to show support for the requested funds. B. Leadership Gilroy Request for Fencing at the Downtown Demonstration Garden Mark Turner, class member of Leadership Gilroy 2010, provided a handout to Council and spoke on the request for funding for fencing at the Leadership Gilroy demonstration garden. He shared the time, grant monies and donation efforts put into the garden to date, and the request for funding, sharing several bids that had been submitted. He spoke on the continued maintenance needs and monies to be raised for the maintenance and spoke on the "Friends of the Garden" volunteer organization. Public comment was opened. Judy Hess spoke on her participation in the design of the demonstration garden and the donations from members of the community and work at the garden by youth and the near-by neighborhood, speaking on the need for the fencing. Sherri Stuart of the Gilroy Arts Alliance spoke on the MOU with Leadership Gilroy and Judy Hess and her volunteers, sharing the plans to build fencing down to 7th Street. Public comment was closed. Development Center Abrams spoke on the request explaining that if there was to be any City funds to be used for the fencing then prevailing wage would need to be followed. City Attorney Callon explained that she would need to review the exceptions with regards to the use of prevailing wage and explained that the purchasing policy would need to be amended if the City did not wish to pay prevailing wage. The majority of Council gave staff direction to work with Leadership Gilroy Class of 2010 to find a way to fund the fencing and return to the Council with the results. Council Members Dillon and Bracco in disagreement. III. REPORTS OF COUNCIL MEMBERS There were no reports. MAYOR'S REPORT There were no reports. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pinheiro spoke on the request from Tim Gavin to provide the Council with a presentation on traffic issues in the City. Tim Gavin spoke stated that he estimated that his presentation would be 45 minutes and he would prefer that it be held in a public forum. 9221 Motion to Approve a Study Session on Traffic Issues Motion: Approve holding a Study Session in September on traffic issues in Gilroy Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 5-2. Yes: Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco V. CONSENT CALENDAR A. A Resolution 2010-22 of the City Council of the City of Gilroy Setting Tax Rate for Fiscal Year 2010/2011 with Respect to General Obligation Bonds for the Gilroy Community Library Project B. Amended Resolution 2010-23 Authorizing the Submittal of an Application to the California State Department of Housing and Community Development for Funding Under the "BEGIN" Program; the Execution of a Standard Agreement if Selected for Such Funding and any Amendments Thereto; and any Related Documents necessary to Participate in the "BEGIN" Program C. Notice of Acceptance of Completion, Monterey Streetscape Phase III, Project No. 06-CDD-119 D. Resolution 2010-24 of the City Council of the City of Gilroy Approving a One- Year Extension for the Residential Development Ordinance Performance Agreement for ROO 06-04 for the Rancho Meadows Project Motion on Consent Calendar Motion: approve Consent Calendar Items A, B, C and 0 Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano, M.D. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro IX. INTRODUCTION OF NEW BUSINESS A. Discussion of a Tobacco Retailer Ordinance Regulating the Sale of Tobacco Products in the City of Gilroy The staff report was presented by Development Center Abrams. Public comment was opened. George Moore of CATT, shared in the positive impacts of having a tobacco retailer ordinance and a recent sting effort in the City, urging the Council to adopt the ordinance to prohibit youth from becoming addicted to tobacco. Vi Vo of CA TT spoke in support of adopting a tobacco retailer ordinance. Ulysis Montelongo spoke in support of passing a tobacco retailer ordinance sharing the ease for youth to purchasing tobacco products. Kemi Ogbu spoke in support of adopting a tobacco retailer ordinance sharing a quote from the national center for substance abuse. Elizabeth Osuna of STAMP spoke in support of adopting a tobacco retailer ordinance. Vy Hoang of CA TT spoke in support of the tobacco retailer ordinance sharing her work as a tobacco decoy during a recent sting near Gilroy High school and the need for fines 9222 or license suspension for retailers who sell tobacco products to youth. She explained that the City of San Jose was currently adopting a tobacco retailer ordinance and then shared statistics of the decline in the use of tobacco products with such an ordinance in place. Ron Kirkish spoke in support of the tobacco retailer ordinance sharing the targeting of youth by tobacco retailers. He then spoke on the costs to society caused by tobacco products. Public comment was closed. - Failed Motion on Item IX.A. Motion: to Direct staff to begin to create a tobacco retailer ordinance for new businesses within 1000 feet of schools and for vacant businesses which have been out of businesses for 120 days Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano, M.D.. Vote: Motion failed 3-4. Yes: Council Member Peter Arellano, M.D.; Council Member Craig Gartman; Council Member Perry Woodward No: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro The majority of Council agreed to hold a future study session on Tobacco Retailer License, Council Members Bracco and Dillon against holding the session. VI. BIDS AND PROPOSALS A. Award of New Public Library Bid - Phase 2 Construction Project, Project No. 10-CDD-173, to Devcon Construction in the Amount of $18,177,226.00, Including Base Bid and Four Alternates: All. 1, PV Panels at Trellis; Alt. 2, ..- Solar Panel Maintenance Allowance All. 3, Rosanna St. Parking Improvements, All. 4, Floor Moisture Sealer Improvements, and Authorize Staff to Execute Project Related Change Orders up to $100,000.00 The staff report was presented by City Engineer Smelser. There were no public comments. Motion on Item VI.A. Motion: to Approve Bid for Project No. 10-CDD-173, to Devcon Construction in the Amount of $18,177,226.00, Including Base Bid and Four Alternates: All. 1, PV Panels at Trellis; All. 2, Solar Panel Maintenance Allowance; All. 3, Rosanna St. Parking Improvements, All. 4, Floor Moisture Sealer Improvements, and Authorize Staff to Execute Project Related Change Orders up to $100,000.00 with the Approval of the Council Ad Hoc Subcommittee, and Change Orders Over $100,000.00 to be Approved by the City Council. Moved by Council Member Craig Gartman, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro l VII. PUBLIC HEARINGS - A. Public Hearing to Consider the Placement of Special Assessment Liens for Non-Payment of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy The staff report was presented by Finance Director Turner. 9:223 The public hearing was opened; there being no comment, the hearing was closed. Motion on Item VII.A. Motion: to Adopt Resolution 2010-25 of the City Council of the City of Gilroy Regarding the Imposition of a Special Assessment Lien for the Costs of Delinquent Garbage Collection Services for Certain Properties Located in the City of Gilroy Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Cion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro The staff report was presented by Senior Planner Ketchum. B. Public Hearing to Consider the Revision and Adjustments of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy The staff report was presented by Finance Director Turner. The public hearing was opened; there being no comment, the hearing was closed. Motion on Item VII.B. Motion: to Maintain the Existing Rate Structure of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy Moved by Council Member Peter Arellano, M.D., seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VIII. UNFINISHED BUSINESS A. Introduction of an Ordinance of the City Council of the City of Gilroy Approving an Application for a Change in Zoning Designation from R3-PUD (Medium Density Residential-Planned Unit Development) to R3-PUD to Remove the Estate Lot Restriction on Approximately 3.81 Acres Located at the Southwest Corner of Santa Teresa Boulevard and Hecker Pass Highway (SR152), APN 810-66-012 The staff report was presented by Senior Planner Ketchum. Public comment was opened. Chris Lyffyt, a homeowner in Village Green and President of the homeowners association, requested that the gate entrance be constructed before the rest of the construction started to avoid construction traffic in the current residential areas. Public comment was closed. Motion on Item VIII.A. Motion: to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance Moved by Council Member Craig Gartman, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro City Clerk Freels read the ordinance title. 9224 Second Motion on Item VIII.A. Motion: to introduce an Ordinance of the City Council of the City of Gilroy Approving an Application for a Change in Zoning Designation from R3-PUD (Medium Density Residential-Planned Unit Development) to R3-PUD to Remove the Estate Lot Restriction on Approximately 3.81 Acres Located at the Southwest Corner of Santa Teresa Boulevard and Hecker Pass Highway (SR152), APN 810- 66-012 Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano, M.D. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro --....,. Adriana Lyflyt asked what would happen to the zone change if the builder sold the project. B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Chapter 3B of the Gilroy City Code Regulating Alarm Systems to Impose Fees for False Alarms The staff report was presented by Police Chief Turner. There were no public comments. Motion on Item VIII.B. Motion: to Read Ordinance by Title Only and Waive Further Reading of the Ordinance with the addition of Planning Commission Review Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 5-2. - Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Craig Gartman; Council Member Perry Woodward City Clerk Freels read the ordinance title. Second Motion on Item VIII.B. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending Chapter 3B of the Gilroy City Code Regulating Alarm Systems to Impose Fees for False Alarms Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 5-2. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Craig Gartman; Council Member Perry Woodward C. An Ordinance of the City Council of the City of Gilroy Amending the Residential Development Ordinance ("ROO") and Adding Gilroy Zoning Ordinance Section 50.62 (b) (11) Creating a Residential Development Ordinance ("ROO") Exemption Category for Shovel-Ready Projects ... 1 -.......i The staff report was presented by Development Center Manager Abrams. There were no public comments. 9225 Motion on Item VIII.C Motion: to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance with the addition of Planning Commission Review Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 5-2. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward No: Council Member Cat Tucker; Mayor AI Pinheiro City Clerk Freels read the ordinance title. Second Motion on Item VIII.C Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending the Residential Development Ordinance ("ROO") and Adding Gilroy Zoning Ordinance Section 50.62 (b) (11) Creating a Residential Development Ordinance ("ROO") Exemption Category for Shovel-Ready Projects with the addition of Planning Commission Review Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano, M.D.. Vote: Motion carried 5-2. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward No: Council Member Cat Tucker; Mayor AI Pinheiro D. An Ordinance of the City Council of the City of Gilroy Approving Application Z 09-04 For a Change in Zoning Designation From R1 (Single Family Residential) to R1/PUD (Single Family Residential/Planned Unit Development) on an Approximately 4.35 Acre Site Located on Ronan Avenue at the Termini of Brazos Street and Bosque Street, ANP 790-16-23 There were no public comments. Motion on Item VIII.D. Motion: approve Motion to Read Ordinance by Title Only and Waive Further Reading of the Ordinance Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 5-2. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward; Mayor AI Pinheiro No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker City Clerk Freels read the ordinance title. Second Motion on Item VIII.D. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Approving Application Z 09-04 For a Change in Zoning Designation From R1 (Single Family Residential) to R1/PUD (Single Family Residential/Planned Unit Development) on an Approximately 4.35 Acre Site Located on Ronan Avenue at the Termini of Brazos Street and Bosque Street, ANP 790-16-23 Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro 9226 E. An Ordinance of the City Council of the City of Gilroy Approving Application Z 07-05 for a Change in Zoning Designation from C3 and CM (Commercial Industrial) to C3/PUD (Shopping Center Commercial-Planned Unit Development) on Approximately 5.75 Acres Located at the Northeast Corner of Leavesley Road and Forest Street, APN's 835-01-050 and 835-01-064, Fresh Group Inc., c/o Tauan Chen, Applicant There were no public comments. Motion on Item VIII.E. Motion: to Read Ordinance by Title Only and Waive Further Reading of the Ordinance 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.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro City Clerk Freels read the ordinance title. Second Motion on Item VIII.E. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Approving Application Z 07-05 for a Change in Zoning Designation from C3 and CM (Commercial Industrial) to C3/PUD (Shopping Center Commercial-Planned Unit Development) on Approximately 5.75 Acres Located at the Northeast Corner of Leavesley Road and Forest Street, APN's 835-01-050 and 835-01-064 Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward No: Mayor AI Pinheiro F. A Resolution of the City Council of the City of Gilroy Approving the Issuance and Sale of Notes and Bonds by the Gilroy Public Facilities Financing Authority to Refinance Outstanding 2009 Bond Anticipation Notes, and Approving Related Financing Documents and Official Actions The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item VIII.F. Motion: to Adopt Resolution 2010-26 of the City Council of the City of Gilroy Approving the Issuance and Sale of Notes and Bonds by the Gilroy Public Facilities Financing Authority to Refinance Outstanding 2009 Bond Anticipation Notes, and Approving Related Financing Documents and Official Actions Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano, M.D.. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman - Motion to adiourn to the meetino of the Gilroy Public Facilities Financino Authority. Motion: to adjourn to Board of Directors of the Public Financing Authority Vote: Motion carried 7-0. 9227 Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro The Council reconvened to the meeting of the City Council. IX. INTRODUCTION OF NEW BUSINESS B. A Resolution of the City Council of the City of Gilroy Authorizing the Issuance and Sale of Not to Exceed $26,500,000.00 Principal Amount of General Obligation Bonds for the Gilroy Community Library Project, and Authorizing Actions Related Thereto The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item IX.B. Motion: to Adopt Resolution 2010-27 of the City Council of the City of Gilroy Authorizing the Issuance and Sale of Not to Exceed $26,500,000.00 Principal Amount of General Obligation Bonds for the Gilroy Community Library Project, and Authorizing Actions Related Thereto 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.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro C. Parking Survey for the Civic Center Master Plan, New Library Phase The item was continued to July 19, 2010 during orders of the day. X. CITY ADMINISTRATOR'S REPORTS There were no reports. XI. CITY ATTORNEY'S REPORTS There were no reports. XII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR; Pursuant to Government Code section 54956.8 and Gilroy City Code section 17A.8 (a) (2); Properties: 7350/7360/7370/7380/7390 Dowdy Street, Gilroy, Ca.; Negotiators:Thomas Haglund, City Administrator; Rick Smelser, City Engineer; Under Negotiations: Price and Terms of Payment The item was continued to July 19, 2010 during orders of the day. B. 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: City of Gilroyv. Goyko G. Kuburovich; Patricia E. Kuburovich;Neil J. Forrest; Medileaf dba Medileaf Medical Cannabis and/or Collective Dispensary dba UR Health & Wellness Center; Mike Atkar; Kulwinder Kaur Atkar; Case No. 09CV157867, Superior Court, County of Santa Clara City Attorney Callon stated that the item was an existing litigation item and it was appropriate to update the Council on the status. She then explained that the City Attorney's office was requesting that the Council adjourn to closed session to discuss the developments so as not to prejudice the status of the litigation. 9228 There were no public comments on Item XII.B. Motion on Item XII.B. Motion: to Adjourn to Closed Session on Item XII.B. Moved by Council Member Craig Gartman, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Perry Woodward The Council adjourned to closed session at 9:40 p.m.