Minutes 2012/05/07City of Gilroy
City Council Meeting Minutes
May 7, 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 Pastor Malcolm MacPhail of New Hope Community
Church.
City Clerk Freels reported that the agenda had been posted on May 2, 2012 at 10:45
a.m.
Roll Call
Present: 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. Orders of the Day
There were no agenda changes.
C. Introductions
There were no employee introductions.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Pinheiro presented a certificate of appreciation to Citizen's Advisory Committee
Member Rebeca Armendariz.
Mayor Pinheiro presented a proclamation naming the month of May as "Foster Care
Awareness Month ".
Mayor Pinheiro presented a proclamation naming the month of May as "Building Safety
Month ".
Mayor Pinheiro presented a certificate of appreciation to Citizen's Advisory Committee
Member Tracey Fry DeBell.
III. PRESENTATIONS TO COUNCIL
A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA, BUT WITHIN THE SUBJECT
Cameron Wright spoke on traffic and safety, sharing concerns on Jicarilla Way and
Sunrise with the opening of Christopher High School. He explained that his vehicle had
been totaled at the cross street and asked that a traffic study be conducted including
details of the traffic mitigation measures for the neighborhood.
B. Youth Commission Annual Presentation to the City Council
The presentation was given by the Youth Commission.
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IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco thanked staff for the work on the Library Grand Opening,
sharing the positive comments from those who attended.
Council Member Arellano thanked everyone for their participation in the Library Grand
Opening event.
MAYOR'S REPORT
Mayor Pinheiro spoke on the Library Grand Opening event and positive response from
the community. He thanked Council Members Tucker, Bracco and Dillon for serving on
the Ad -Hoc committee and for keeping the construction under budget and on time. He
thanked the community for passing the bond measure to support the new library
construction.
Mayor Pinheiro then thanked the local churches and religious organizations for their
participation in National Prayer Day.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
VI. CONSENT CALENDAR
A. Minutes of April 16, 2012 Regular Meeting
B. Notice of Acceptance of Completion of Sixth Street Streetscape Project, No.
09-CDD-1 67/CM L-5034 (017)
C. Budget Amendment for Heating, Ventilation and Air Conditioning System, and
Other Repairs at Old City Hall in the Amount of $54,245.00
D. Budget Amendment for Downtown Corridor Wireless Assessment and Design
in the Amount of $12,500.00
Motion on the Consent Calendar
Motion: to Approve Consent Calendar Items A, B, C and D
Moved by Council Member Bob Dillon, 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 Al Pinheiro
VII. BIDS AND PROPOSALS
There were none.
VIII. PUBLIC HEARINGS
A. Approval of Community Development Block Grant (CDBG) Action Plan for
Program Year 2012 (July 1, 2012 -June 30, 2013)
The staff report was presented by Community Development Department Director
Abrams.
The public hearing was opened, there being no comment, the hearing was closed.
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Motion on Item VIII.A.
Motion: to Approve Community Development Block Grant (CDBG) Action Plan for
Program Year 2012 (July 1, 2012 -June 30, 2013)
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. An Ordinance of the City Council of the City of Gilroy Amending the Downtown
Gilroy Specific Plan and Amending the Gilroy Zoning Ordinance to Allow Public
Dancing as a Permitted and Conditional Use in Certain Districts of the City
An Ordinance of the City Council of the City of Gilroy Repealing Chapter 8 of
the Gilroy City Code in its Entirety and Adopting a New Chapter 8
The staff report was by Community Development Department Director Abrams.
The Public Hearing was opened, there being no comment the hearing was closed.
City Attorney Callon asked that the findings be read into the record as they were not
specifically identified in the zoning ordinance.
Community Development Director Abrams read the following findings into the record:
• Changes have occurred in the community since the approval of the original
Specific Plan, which warrant approving the proposed amendment.
• The proposed amendment is consistent with the General Plan for the City of
Gilroy
• The proposed amendment will result in a benefit to the Specific Plan area.
• The proposed amendment will not result in any unmitigated impact to adjacent
properties.
• The proposed amendment will enable the delivery of services and public facilities
to the population within the Specific Plan area.
Motion on Item VI11.B.
Motion: to Read the Ordinances by Title Only and Waive Further Reading
Moved by Mayor Pro Tempore Cat Tucker, 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
The first ordinance title was read by City Clerk Freels.
Second Motion on Item VIII.B.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Amending the Downtown Gilroy Specific Plan and Amending the Gilroy Zoning
Ordinance to Allow Public Dancing as a Permitted and Conditional Use in Certain
Districts of the City with findings as described
Moved by Mayor Pro Tempore Cat Tucker, 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 Al Pinheiro
The second ordinance was read by Mayor Pinheiro.
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Third Motion on Item VIII.B.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Repealing Chapter 8 of the Gilroy City Code in its Entirety and Adopting a New
Chapter 8
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
C. Public Hearing to Consider Increases to Rates for Solid Waste and Recycling
Services Within the City of Gilroy to Become Effective July 1, 2012
The staff report was presented by Finance Director Turner.
City Attorney Callon spoke on the Proposition 218 process question raised by a public
comment letter explaining that the City had followed all necessary noticing procedures.
The public hearing was opened, there being no comment, the hearing was closed.
Motion on Item VIII.C.
Motion: to Adopt Resolution 2012 -18 of the City Council of the City of Gilroy
Setting Maximum Charges for the Collection of Garbage, Rubbish, Refuse and
Recyclable Materials Within the City of Gilroy, to Become Effective July 1, 2012
Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 6 -1.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe- Munoz; Council Member Perry
Woodward; Mayor Al Pinheiro
No: Mayor Pro Tempore Cat Tucker
IX. UNFINISHED BUSINESS
There was none.
X. INTRODUCTION OF NEW BUSINESS
A. A Resolution of the City Council of the City of Gilroy Requesting no Leniency
When Prosecuting or Sentencing Firearms Crimes by Felons in Possession of
Firearms
The staff report was introduced by City Administrator Haglund.
There were no public comments.
Motion on Item X.A.
Motion: to Adopt Resolution 2012 -19 of the City Council of the City of Gilroy
Requesting no Leniency When Prosecuting Crimes by Felons in
Possession of Firearms
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
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
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B. Residential Development Loan Program Loan Revisions
The staff report was presented by Community Development Director Abrams.
There were no public comments.
C. Treasury Update and Investment Policy
The staff report was presented by Finance Director Turner.
There were no public comments.
Motion on Item X.C.
Motion: to Receive the Report and Re -adopt the Investment Policy
Moved by Council Member Peter Leroe- Munoz, 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 Al Pinheiro
D. Moratorium of Enforcement of Certain Sign Ordinance Violations
The staff report was presented by Community Development Director Abrams.
There were no public comments.
Motion on Item X.D.
Motion: to Set Certain Sign Violations as Code Enforcement Low Priorities
Moved by Council Member Bob Dillon, 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 Al Pinheiro
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund spoke on an upcoming ribbon cutting at Lions Creek Trail,
and the grand opening of the Christopher High School aquatics center.
XII. CITY ATTORNEY'S REPORTS
There were none.
XIII. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION; Code Section 54957, Gilroy
City Code Section 17A.8 (a) (4) Name/Title: Shawna Freels, City Clerk
There were no public comments.
The Council adjourned to closed session at 7:17 p.m.
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Motion to remain 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 Tempore Cat
Tucker; Council Member Perry Woodward and Mayor Al Pinheiro
City Clerk
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