Minutes 2010/06/14
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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
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Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions
Memorandum of Understanding: MOU between the City of Gilroy and the Firefighters
Local 2805
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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The staff report was presented by Development Center Manager Abrams.
There were no public comments.
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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
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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
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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.
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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.
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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.