Minutes 2012/03/05City of Gilroy
City Council Meeting Minutes
March 5, 2012
I. Opening
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:04 p.m. and introduced Gilroy Girl Scout
Troop 60171.
The flag ceremony presentation was conducted by Girl Scout Troop #60171, who then
led the pledge of allegiance.
The Invocation was given by Bishop Jeff Scherck of the Church of Jesus Christ of Latter
Day Saints.
Roll Call
Present: 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 Peter Arellano M.D.; Council Member Perry
Woodward
City Clerk Shawna Freels report that the agenda had been posted on February 29, 2012
at 1:30 p.m.
Mayor Pinheiro explained that Council Member Woodward had notified him that he
would not be present at the meeting as he was out of the country.
Council Member Peter Arellano M.D. joined the meeting at 6:07 p.m.
B. Orders of the Day
There were no agenda changes.
INTERVIEWS
A. Interview to Fill an Open Seat on the Building Board of Appeals
Mayor Pinheiro explained that the Council had previously interviewed the applicant and
asked the rest of the Council if they wished to re- interview him.
The Council agreed to waive the additional interview.
STUDY SESSION
A. Tobacco Ordinance Study Session
The staff report was presented by Senior Planner Ketchum.
Public comment was opened.
Hewitt Joyner spoke in support of the ordinances sharing information on the enactment
of a similar ordinance in the City of San Jose.
Joanna Cyprus spoke in support of the ordinances speaking on the natural beauty of
the City and the public's right to exercise and enjoy city parks without carcinogens being
inhaled when exercising in the parks.
Lynn Magruder spoke in support of the ordinances sharing the effects of second hand
smoke on the youth of the community.
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Tonya Veitch supported the ordinances sharing examples from other municipalities park
clean -up events of cigarette butts.
Art Barron of the Healthy Gilroy campaign spoke on local outreach efforts of the
campaign and handed the Council a packet of 149 endorsements in support of smoke
free parks and asking the Council to adopt a policy further enforcing prohibiting tobacco
sales to youth.
Isaac Iniguez shared a Public Service Announcement the Healthy Gilroy Campaign
members filmed on smoke free parks.
Greg Ruffoni spoke on behalf of retailers in the community sharing the testing practices
and procedures at 7- eleven markets. He spoke on the tobacco licensing explaining that
it did not transfer between owners and shared information on the grandfathering piece
of the proposed policy.
Jerry Denny spoke in support of the tobacco ordinances and provided information on
second hand smoke ordinances, explaining that 86% of the population in the Bay Area
were non - smokers.
Linda Roma smoke on the dangers of second hand smoke explaining that tobacco
companies prayed in youth with advertising, stating that the state had required that 7-
Eleven have more strict training procedures in place as a penalty for selling tobacco to
minors so many times.
Alberto Duran of Mt. Madonna High School shared research he had conducted on sales
of tobacco products, explaining that he had been a smoker, and had seen the impacts
of making a negative impression on youth.
Roberto Jimenez of Mt. Madonna High School stated that he had been a smoker and
had seen the need for strict regulations as he had no problem purchasing tobacco. He
then explained that the future of the community in youth was too important not to
enforce tobacco regulations.
Susan Valenta of the Chamber of Commerce stated that the chamber had seen the
draft ordinances and had attended a retailer outreach meeting on the proposed
ordinances. She spoke on training requirements for tobacco retailers, and fines for
selling tobacco to youth and then spoke on parenting responsibilities with regards to
youth smokers.
Tareq Sulceiman spoke on the loss of revenue to his liquor business if his business with
the ordinances.
Walt Mullen with Rotten Robbie's spoke on the training requirements for his employees
in tobacco retail sales, explaining the penalties for selling cigarettes to minors.
The owner of an Arco gas station spoke on the state imposed fines and penalties for
selling tobacco to minors.
Ruth Lopez stated that she believed that parks should be smoke free for youth as
smokers in public places were a bad influence.
The City Council recommended that designated smoking areas be established in city
parks, leaving the existing Gilroy Gardens and the Garlic Festival smoking policies
alone, and exempting the municipal golf course from the requirement, and not proceed
further with the tobacco retailer license ordinance.
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II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Pinheiro presented the proclamation honoring the 100th Birthday of Girl Scouts
of America and naming March 12, 2012 as Girl Scout Day in Gilroy
Mayor Pinheiro presented the certificates of appreciation to outgoing Arts and Culture
Commissioner's Carol Peters and Diana Young.
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.
IV. REPORTS OF COUNCIL MEMBERS
There were none.
MAYOR'S REPORT
Mayor Pinheiro announced his State of the City Address scheduled on March 15th at
7:00 p.m. inviting the City Council and members of the public.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Dillon suggested that staff provide Council with an update on the
status of the sidewalk funds suggesting that more funds be allocated to repair
sidewalks.
The Council agreed to agendize the item.
VI. CONSENT CALENDAR
A. Minutes of February 6, 2012 Regular Meeting
B. Claim of Raymond Gallegos (the City Administrator Recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
C. Claim of Amy Ornelas (the City Administrator Recommends a "yes" vote under the
Consent Calendar shall constitute the denial of the claim)
D. Claim of Heliodoro Rivera Sandoval (the City Administrator Recommends a "yes"
vote under the Consent Calendar shall constitute the denial of the claim)
E. Claim of Arlene Souza (the City Administrator Recommends a "yes" vote under the
Consent Calendar shall constitute the denial of the claim)
Consent Calendar
Motion: to approve the 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.
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
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VII. BIDS AND PROPOSALS
A. Award of Slurry Seal Pavement Maintenance Design & Inspection Services
Contract to Flowers & Associates, Inc., in the Amount of $66,605.00, Project 12-
RFP -PW -360
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item VII.A.
Motion: to Approve Bid with Flowers & Associates, Inc., in the Amount of
$66,605.00
Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe
Munoz.
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 the Building Board of Appeals to Fill an
Unexpired Term Ending 12/31/2014
There were no public comments.
Motion on Item IX.A.
Motion: to Appoint John Almash to the Building Board of Appeals
Moved by Council Member Dion Bracco, seconded by Council Member Bob
Dillon.
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. Adoption of an Ordinance of the City Council of the City of Gilroy Entitled
"Small Animals" Regulating Chickens, Rabbits and Other Small Animals in
Residential Zones
There were no public comments.
Motion on Item IX.B.
Motion: to Adopt an Ordinance 2012 -03 of the City Council of the City of Gilroy
Entitled "Small Animals" Regulating Chickens, Rabbits and Other Small Animals
in Residential Zones
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Leroe- Munoz.
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
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C. Introduction of an Ordinance of the City Council of the City of Gilroy Amending
Zoning Ordinance Section 38 "LANDSCAPING," to Establish New Water
Efficient Landscaping Regulations Pursuant to the California Water
Conservation in Landscaping Act of 2006
The staff report was presented by Community Development Abrams (08:06 PM)
There were no public comments.
Motion on Item IX.C.
Motion: to Read Ordinance by Title Only and Waive Further Reading
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Dion
Bracco.
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
Second Motion on Item IX.C.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Amending Zoning Ordinance Section 38 "LANDSCAPING," to Establish New
Water Efficient Landscaping Regulations Pursuant to the California Water
Conservation in Landscaping Act of 2006
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Leroe- Munoz.
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
D. Introduction'of an Ordinance of the City Council of the City of Gilroy
Regulating Municipal Elections by Repealing Ordinance 2007 -12 in its Entirety,
and Replacing it With a New Ordinance Regulating Municipal Elections Setting
Campaign Contributions Limits, Setting a Voluntary Expenditure Ceiling for
Candidates and Controlled Committees, and Establishing Additional Campaign
Disclosure Requirements and Enforcement Procedures, and Codifying This
Ordinance As Chapter 8B to the Gilroy City Code Entitled "Elections Campaign
Finance"
The staff report was presented by Acting City Attorney Faber.
There were no public comments.
Motion on Item IX.D.
Motion: to Read Ordinance by Title Only and Waive Further Reading
Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano MD; 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
Second Motion on Item IX.D.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Regulating Municipal Elections by Repealing Ordinance 2007 -12 in its Entirety,
and Replacing it With a New Ordinance Regulating Municipal Elections Setting
Campaign Contributions Limits, Setting a Voluntary Expenditure Ceiling for
Candidates and Controlled Committees, and Establishing Additional Campaign
Disclosure Requirements and Enforcement Procedures, and Codifying This
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Ordinance As Chapter 8B to the Gilroy City Code Entitled "Elections Campaign
Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 5 -1 -1.
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
X. INTRODUCTION OF NEW BUSINESS
A. Fiscal Year 2011 -12 Second Quarter Budget Review
The staff report was presented by Finance Director Turner.
There were no public comments.
XI. CITY ADMINISTRATOR'S REPORTS
There were none.
XII. CITY ATTORNEY'S REPORTS
There were none.
XIII. 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, Public Works
Director /City Engineer
Other Party to Negotiations: Daymond and Diane Miller; Nina York; David and Margery
Calcaterra; Patricia Mondragon; Jack Nakano, Trustee
Under Negotiations: Price and Terms of Payment
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8; Gilroy City Code Section 17A.8 (a)(2)
Property: 7350 Rosanna Street, Gilroy, California (Corner of 7th and Rosanna Streets)
Agency Negotiators: Thomas Haglund, City Administrator
Other Party to Negotiations: Santa Clara County
Under Negotiations: Price and Terms of Payment
There were no public comments.
The City Council adjourned to Closed Session at 8:37 p.m.
Motion to continue in closed session
The Council voted to remain in closed session 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
Pro Tempore Cat Tucker; Mayor Al Pinheiro
Absent: Council Member Perry Woodward
Member Peter Leroe- Munoz; Mayor
City Council Meeting Minutes
3/6/2012