Minutes 2012/01/09
1
City of Gilrov
City Council Meetina Minutes
January 9. 2012
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:02 p.m. and led the pledge of allegiance.
The Invocation was given by Pastor Malcolm McPhail of the New Hope Community
Church.
-
City Clerk Freels reported that the agenda had been posted on January 4, 2012 at 10:45
a.m.
Roll Call
Present: Council Member Dion Bracco; Council Member Bob Dillon; Council
Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry
Woodward; Mayor AI Pinheiro
Absent/Excused: Council Member Peter Arellano M.D.
B. Orders of the Day
Mayor Pro Tempore Tucker asked to adjourn the meeting in the memory of Mayor
Pinheiro's mother Maria Pinheiro.
The City Council agreed to adjourn in the memory of Maria Pinheiro.
A. Interviews for Open Seats Effective January 1, 2012 on the Housing Advisory
Committee and Historic Heritage Committee
.",,~
The City Council interview applicants.
The City Council reconvened at the dais.
A. CLOSED SESSION-CONFERENCE WITH LEGAL COUNSEL-- EXISTING
LITIGATION
Pursuant to Government Code Section 54956.9(a); Gilroy City Code Section 17 A.a
(a) (3):
The People of the State of California (The City of Gilroy, California) v. 80S Capital, Inc.,
Daniel Shaw, individual person, Principal 80S Capital, Inc.
Superior Court of California, Santa Clara County Judicial District; Case No, FF930886
Complaint filed against 80S Capital on May 4, 2009, amended to include Mr. Shaw on
March 26, 2010.
City Attorney Callon explained that the City Council was going into closed session for a
status update of the existing litigation, explaining that under the 8rown Act and the Gilroy
Open Government Ordinance, the item could be addressed in closed session.
There were no public comments.
Motion to Adiourn to Closed Session
Motion: to Adjourn to Closed Session
Moved by Council Member Peter Leroe-Muiioz, seconded by Council Member Perry
Woodward.
Vote: Motion carried 6-0-1.
Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry
Woodward; Mayor AI Pinheiro
City Council Meeting Minutes
1/9/2012
2
Absent: Council Member Peter Arellano M.D.
The Council adjourned to closed session at 6:17 p.m.
Motion to continued in closed session
The Council voted to remain in closed session by the following vote:
Vote: Motion carried 6-0-1.
Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry
Woodward; Mayor AI Pinheiro
Absent: Council Member Peter Arellano M.D.
~>--,,;
The Council reconvened in open session at 6:34 p.m.
There were no closed session announcements.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Therewere 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.
IV. REPORTS OF COUNCIL MEMBERS
There were none.
MAYOR'S REPORT
Mayor Pinheiro thanked everyone for their condolences.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
VI. CONSENT CALENDAR
A. Minutes of December 5, 2011 Regular Meeting
B. Minutes of December 12, 2011 Special Meeting
C. Resolution 2012-01 of the City Council of the City of Gilroy Adopting the City of
Gilroy Hazard Mitigation Plan, an Annex to the Santa Clara County Hazard
Mitigation Plan, and Endorsing the ABAG Report "Taming Natural Disasters," of
Which the Gilroy Hazard Mitigation Plan is Contained Within
..,. Motion on Consent Calendar
Motion: Approval of Items A, Band C
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Leroe -Munoz.
Vote: Motion carried 6-0-1.
Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry
Woodward; Mayor AI Pinheiro
City Council Meeting Minutes
1/9/2012
3
Absent: Council Member Peter Arellano M.D.
VII. BIDS AND PROPOSALS
There were none.
VIII. PUBLIC HEARINGS
A. Public Hearing Regarding the Imposition of Real Property Liens for Delinquent
Administrative Citation Penalties
-
i>iJ-
The staff report was presented by Community Development Director Abrams.
Council Member Peter Arellano M.D. joined the meeting at 6:40 p.m.
The public hearing was opened, there being no comment the hearing was closed.
Motion on Item VilLA.
Motion: to Adopt Resolution 2012-02 of the City Council of the City of Gilroy
Regarding the Imposition of Liens for Delinquent Administrative Citation Penalties
and the Costs of Collection for Certain Properties Within the City for the for BDS
Capital, and Gonzalez Properties
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Dion
Bracco.
Vote: Motion carried 7-0.
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; Council Member Perry Woodward; Mayor AI Pinheiro
Second Motion on Item VilLA.
Motion: to Adopt Resolution 2012-04 of the City Council of the City of Gilroy
Regarding the Imposition of Liens for Delinquent Administrative Citation Penalties
and the Costs of Collection for Certain Properties Within the City for the Cote
Property
Moved by Council Member Perry Woodward, seconded by Council Member Bob
Dillon.
Vote: Motion carried 4-3.
Yes: Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Council
Member Perry Woodward; Mayor AI Pinheiro
No: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Pro
Tempore Cat Tucker
-
IX. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City of Gilroy Approving
Application ZOa-01 for a Change in Zoning Designation from OS (Open Space) to
CI (Commercial Industrial) on Approximately 20 Acres Located at 5350 Monterey
Road, APN a41-31-021
The staff report was presented by Community Development Director Abrams.
There were no public comments.
-
Motion on Item IX.A.
Motion: to Adopt Ordinance 2012-01 of the City Council of the City of Gilroy
Approving Application ZOa-01 for a Change in Zoning Designation from OS (Open
Space) to CI (Commercial Industrial) on Approximately 20 Acres Located at 5350
Monterey Road, APN a41-31-021
Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 7-0.
City Council Meeting Minutes
1/9/2012
4
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; Council Member Perry Woodward; Mayor AI Pinheiro
....
Second Motion on Item IX.A.
Motion: to Adopt Resolution 2012-03 of the City Council of the City of Gilroy
Approving TM Oa-01, a Tentative Map to Subdivide a 20-acre Site Located at 5350
Monterey Road, APN a41-31-021, into 17 Lots for Commercial and Industrial Uses
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Leroe-Munoz.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
B. Selection and Appointment of Members to City Boards, Commissions and
Committees with Terms Expiring December 31,2012, December 31,2013,
December 31,2014, and December 31,2015
There were no public comments.
Motion on Item IX.B.
Motion: to Appoint Members to the Arts and Culture Commission, Bicycle
Pedestrian Commission, Building Board of Appeals, Historic Heritage Committee,
Housing Advisory Committee, Library Commission, Parks and Recreation
Commission, Physically Challenged Board of Appeals, Planning Commission and
Public Art Committee
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Leroe-Munoz.
Vote: Motion carried 7-0.
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; Council Member Perry Woodward; Mayor AI Pinheiro
C. Presentation of Proposed Amendments to the City Elections Campaign Finance
Ordinance Section aB.7
The staff report was presented by City Attorney Callon.
Public comment was opened.
Tom Fischer spoke on the benefits of the Gilroy Open Government Ordinance and the
next step in providing transparency in government with the presented amendments to the
campaign finance ordinance. He explained that money was the most corrupt issue within
government and the Council shouldn't wait until there was a problem before addressing
such an important issue.
Richard Navarette spoke on the numerous chapters of Federal. State and local law that
had grown and evolved over numerous years to create a great government, explaining
that the public was demanding that such legislation be passed for the reasons of
transparency. He then commented on the Council remark that there wasn't anything
broken to fix, explaining that there could be something broken that the public didn't have
knowledge of.
~
Public comment was closed.
Failed Motion on Item IX.C.
Motion: to not make any amendments.
Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon.
Vote: Motion failed 1-6.
Yes: Council Member Bob Dillon
City Council Meeting Minutes
1/9/2012
5
No: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member
Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry
Woodward; Mayor AI Pinheiro
Failed Motion on Item IX.C.
Motion: to Table everything except for the full disclosure of all campaign contributions.
Moved by Council Member Perry Woodward, seconded by Council Member Dion Bracco.
Vote: Motion failed 3-4.
Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Perry
Woodward
No: Council Member Peter Arellano M.D.; Council Member Peter Leroe-Muiioz; Mayor
Pro Tempore Cat Tucker; Mayor AI Pinheiro
-
Motion on Item IX.C.
Motion: to accept the provisions of aB.7 and previous recommendations
Moved by Council Member Peter Arellano M.D., seconded by Council Member Peter
Leroe-Munoz.
Vote: Motion carried 5-2.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro
No: Council Member Bob Dillon; Council Member Perry Woodward
The Council adjourned for a break at 7:55 p.m.
The Council reconvened the meeting at 8:08 p.m.
X. INTRODUCTION OF NEW BUSINESS
A. Approval of Gilroy Housing Trust Fund Award of $21,000.00 to the Gilroy
Compassion Center
-
The staff report was presented by Development Center Manager Abrams.
\ii:,__,~
Public comment was opened.
Jan Bernstein-Chargin spoke on the process of the development of a homeless shelter
sharing the need of funding for the center.
Diana Dufur spoke in support of the funding request.
Public comment was closed.
Motion on Item X.A.
Motion: to Approve Award of $21,000.00 from the Gilroy Housing Trust Fund to the
Gilroy Compassion Center
Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe
Munoz.
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
-
B. Appointments of Council Representatives to Boards and Advisory Committees
t.:.-"
There were no public comments.
Motion on Item X.B.
Motion: to Appoint Council Members as Representatives to Boards and Advisory
Committees
Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe-
Munoz.
City Council Meeting Minutes
1/9/2012
6
Vote: Motion carried 7-0.
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; Council Member Perry Woodward; Mayor AI Pinheiro
C. Discussion of the Membership Make-up of the Open Government Commission
The report was presented by Mayor Pinheiro.
Public comment was opened.
-
Richard Navarette suggested assigning one Council Member to oversee the Commission.
Public comment was closed.
Motion on Item X.C.
Motion: to table the item to provide more information on the functions of the
Commission
Moved by Council Member Peter Arellano M.D., seconded by Council Member Perry
Woodward.
Vote: Motion carried 7-0.
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; Council Member Perry Woodward; Mayor AI Pinheiro
XII. CITY ATTORNEY'S REPORTS
There was no report.
XI. CITY ADMINISTRATOR'S REPORTS
There were no report.
XIII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.a; Gilroy City Code Section 17 A.a
(a)(2)
Property: 7400 Monterey Street, Gilroy, California (Old City Hall at the Corner of 6th and
Monterey Streets)
Agency Negotiators: Thomas Haglund, City Administrator; Christina Turner, Finance
Director
Other Party to Negotiations: Saffron Restaurant Group, Inc.
Under Negotiations: Lease Terms
There were no public comments.
Adjournment at 8:30 p.m. in the memory of Maria Pinheiro.
~
Motion to continued in closed session
The Council voted to remain in closed session by the following vote:
Vote: Motion carried 7-0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tem ore Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinh1ir9
,j
!
City Council Meeting Minutes
1/9/2012