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Minutes 2012/04/02City of Gilroy City Council Meeting Minutes April 2, 2012 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 6:00 p.m. and led the pledge of allegiance. The Invocation was given by Jacob Hawkins of the Gilroy Baha'i Community. City Clerk Shawna Freels reported that the agenda had been posted on March 28, 2012 at 3:00 p.m. Roll Call Present: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro Absent/Excused: Council Member Peter Arellano M.D. B. Orders of the Day Mayor Pinheiro explained that closed session Item XIII. A would be removed from the agenda. Council Member Peter Arellano M.D. joined the meeting at 6:05 p.m. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro presented the Sexual Assault Awareness Month Proclamation. 111. 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. B. Legislative Update by California Assembly Member Luis Alejo Assembly Member Alejo shared pending legislation and actions the legislature and Governor had been working on. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco congratulated City Clerk Freels for achieving her Master Municipal Clerk certification. He then spoke on the number of visitors to Gilroy Gardens during the previous weekend and then shared an upcoming Brigham Youth Symphony event . Mayor Pro Tempore Tucker congratulated City Clerk Freels on achieving her Master Municipal Clerk certification. City Council Meeting Minutes April 2, 2012 2 MAYOR'S REPORT There was no report. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of March 19, 2012 Regular Meeting B. Annex "C" to the 911 Emergency Medical Services Provider Agreement Between the City of Gilroy and Santa Clara County There were no public comments. Motion on the Consent Agenda Motion: to Approve Consent Calendar Items A & B Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Arellano M.D. 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 Al Pinheiro VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. Public Hearing to Review the Proposed 2012 Community Development Block Grant (CDBG) and Housing Trust Fund (HTF) Public Service Funding Renewal Allocations for the 2012 Program Year The item was introduced by Community Development Director Abrams. Yogesh Vashi of the Citizens Advisory Committee presented the report. The public hearing was opened. Martin Eichner thanked the City Council for the monies provided for his program, sharing the functions of the group. Debra Stevens of Silicon Valley Independent Living shared her program and the funding request, thanking the City Council for the CDBG funding. The public hearing was closed. Motion on Item VIII.A. Motion: to Direct Staff to go Forward with the Recommendations as Presented by the Citizens Advisory Committee. Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker. 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 Al Pinheiro IX. UNFINISHED BUSINESS City Council Meeting Minutes April 2, 2012 A. Adoption of an Ordinance of the City Council of the City of Gilroy Levying Special Tax Within Community Facilities District No. 2012 -1 (Landscape Maintenance) There were no public comments. Motion on Item IX.A. Motion: to Adopt Ordinance 2012 -06 of the City Council of the City of Gilroy Levying Special Tax Within Community Facilities District No. 2012 -1 (Landscape Maintenance) Moved by Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore Cat Tucker. 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 Al Pinheiro B. Entertainment Ordinance - Amending the Downtown Specific Plan, Section 2 and 19 of the Zoning Ordinance; Adding Section 50.37 "Downtown Specific Use Permit" to the Zoning Code; Repealing Chapter 8 of the Gilroy City Code and Adding a New Chapter 8 Regulating Public Dance The staff report was presented by Community Development Director Abrams. Public comment was opened. Jorge Briones of Nine Lives spoke on the events at his establishment, sharing the benefits of his business to the community and revenues the business generated. He then spoke on the restrictions in the downtown, explaining that downtown was very safe area for members of the public to enjoy entertainment. Public comment was closed. Motion on Item IX.B. Motion: to Receive the Report and Provide Direction to Staff to Prepare Ordinances with the Mayor's suggested amendment Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Arellano M.D. 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 Al Pinheiro C. Surplus Police Department Firearms The staff report was presented by Police Chief Turner. There no public comments. Motion on Item IX.C. Motion: to Approve Trading Decommissioned Police Department Firearms to Phoenix Distributors, a Licensed Law Enforcement Only Firearms Distributor, in Exchange for New Police Department Duty Firearms and Safety Accessories Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -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 Al Pinheiro No: Council Member Peter Arellano M.D. City Council Meeting Minutes April 2, 2012 Iv X. INTRODUCTION OF NEW BUSINESS A. Budget Amendment in the Amount of $120,000.00 for the 10th Street Sidewalk Project - No. 11 -CDD -183 The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item X.A. Motion: to Approve Budget Amendment in the Amount of $120,000.00 for the 10th Street Sidewalk Project - No. 11 -CDD -183 Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Bob Dillon. 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 Al Pinheiro B. Budget Amendment in the Amount of $220,000.00 for the San Ysidro Park Improvement Project and Related Additional Project Improvements - Project No. 12 -PW -194 The staff report was presented by Operations Managers Stubchaer. There were no public comments. Motion on Item X.B. Motion: to Approve Budget Amendment in the Amount of $220,000.00 for the San Ysidro Park Improvement Project and Related Additional Project Improvements - Project No. 12 -PW -194 Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Arellano M.D. 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 Al Pinheiro C. Amendment to the Fiscal Agent Agreement for Community Facilities District No. 2000 -1 (Highway 152) Special Tax Bonds, Series 2006 (Improvement Area No. 1) The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.C. Motion: to Adopt Resolution 2012 -15 of the City Council of the City of Gilroy Approving a First Supplement Fiscal Agent Agreement and Authorizing Related Actions for Community Facilities District No. 2000 -1 (Highway 152) Special Tax Bonds, Series 2006 (Improvement Area No. 1) 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 Al Pinheiro D. 2012 Summer Aquatics Program Options City Council Meeting Minutes April 2, 2012 5 The staff report was presented by Recreation Department Director "DeLeon. There were no public comments. Motion on Item X.D. Motion: to Direct Staff to Work With GUSD for Some Common Ground in Keeping the Pool Open, with the City Paying Some of the Expense for the Next 3 years. 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.; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor Al Pinheiro No: Council Member Dion Bracco; Council Member Bob Dillon XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund announced that a study session on the sign ordinance would be held on April 30th. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. 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: Sundquist. v. County of Santa Clara, et al. Court: Santa Clara County Superior Court, Case No. 1- 11 -CV- 195331 The item was pulled from the agenda during orders of the day. B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (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: Gary Walton; Adam Sanchez Under Negotiations: Lease Terms Mayor Pinheiro announced that he would be recusing from deliberations on the item explaining that one of the parties in negotiations was his client. C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7533 Monterey Street, Gilroy, California Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer /Public Works Director Other Party to Negotiations: Jose Montes Under Negotiations: Price and Terms of Payment Council Member Woodward explained that he would be recusing from deliberations on the item do to property ownership within 500 feet of the subject property. There were no public comments on the closed session items. City Council Meeting Minutes April 2, 2012 6 The Council adjourned to closed session. Motion to remain in closed session on Item B 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 Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward Absent: Mayor Al Pinheiro ""'" Motion to remain in closed session on Item C 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 Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent: Council Member Perry Woodward City Council Meeting Minutes April 2, 2012