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.
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April 2, 2012
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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.
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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
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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.
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April 2, 2012
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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