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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. City Council Meeting Minutes 3/6/2012 2 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. City Council Meeting Minutes 3/6/2012 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 City Council Meeting Minutes 3/6/2012 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 City Council Meeting Minutes 3/6/2012 5 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 City Council Meeting Minutes 3/6/2012 r 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