Minutes 2012/06/04City of Gilroy
City Council Meeting Minutes
June 4, 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 Mark Turner of South Valley Community Church.
City Clerk Shawna Freels announced that the agenda had been posted on May 30,
2012 at 2:00 p.m.
Mayor Pinheiro announced that Council Members Woodward and Dillon had each
contacted him to explain that they would not be attending the meeting.
Roll Call
Present: Council Member Dion Bracco; Council Member Peter Leroe- Munoz;
Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
Absent/Excused: Council Member Peter Arellano M.D.; Council Member Bob
Dillon; Council Member Perry Woodward
B. Orders of the Day
Mayor Pinheiro asked that Closed Session Item XIII.A. be removed from the agenda
and moved to a future meeting to allow all Council Members to be present for the item.
The Council agreed to remove the item from the agenda.
C. Introductions
There were none.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
There were none.
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
Dom Payne spoke on the South Valley Middle School pool sharing his desire to have
the item return to the Council agenda for a further discussion of a collaborative effort
with the school district in the repair of the pool.
Mary Yates spoke on the South Valley Middle School pool suggesting that further
negotiations take place between the city and school district to save the pool.
Robert Sigala spoke on the need for the South Valley Middle School pool speaking on
his work with children and the need for a positive outlet for them.
Eleanor Villarreal spoke on the need to refurbish the South Valley Middle school pool,
stating that the city and school district should work together to repair the pool as the
east side families had no other recreational activities available to them.
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Jami Reynolds stated that she didn't want to see the pool demolished explaining that it
had not been properly taken care of by facilities staff. She spoke on the need for extra-
curricular activities for children on the east side of the city and her experiences as a
swim instructor at the site.
Refubio Gomez spoke on the need for a pool for his children as there was no other
recreation in the east side of the city and the pool had been well used by them during
the hot summer months.
Council Member Peter Arellano M.D. joined the meeting at 6:19 p.m.
Orlando Salcedo spoke on the need for the pool in the east side stating that many of the
families in the area didn't have the money to travel to Christopher High or to the beach.
Rebecca Armendariz presented the Council with petition signatures of over 300
students and community members urging the city and school district officials to save the
South Valley Middle school pool. She then suggested that the city take over the pool
and repair it for the families on the east side of the city.
Devanna Chapa spoke on the need for the pool on the east side of Gilroy explaining
that she had previously worked as an instructor at the pool and saw the tremendous
benefits of it to the families in the area.
Toni Guerrero spoke on the need for the South Valley pool stating that she had taken
her children to the pool and saw the need for the recreational activity in the east side of
Gilroy.
Sally Armendariz spoke in support of the South Valley middle school pool stating that
many children in the east side of Gilroy didn't have a place to swim and benefited
greatly from it.
Jesus Becerra spoke on the gangs and drugs on the east side of Gilroy stating that he
had gotten involved in the community to help kids get out of trouble, and saw the
positive benefits of having the recreational activity available to them.
Rochelle Arellano stated that she was in support of repairing the swimming pool at
South Valley Middle School to equitably invest in all areas of the city. She then
explained that the 6th street crossing had created a huge impact to the health of the
population on the east of the city.
Public comment was closed.
B. Library Commission Annual Presentation to the City Council
The presentation was given by Carol Smith, Chair of the Library Commission.
C. Presentation by the Gilroy Unified School District (GUSD) Regarding a
Proposed Sales Tax Override Measure
Jaime Rosso, GUSD School Board Trustee, spoke on the pending cuts to the
School District budget, sharing previous cuts and concessions taken in prior years. He
spoke on the variety of ballot measures discussed by the Board to raise needed
revenues, and explained that a timely decision needed to be made by both bodies if a
general tax measure were to be submitted to the voters. He concluded by stating that a
survey would be conducted in the immediate future to see if there was voter support for
a measure and stated that the survey would include a 5 -8 year sunset for the sales tax.
Superintendent Debbie Flores spoke on the GUSD budget sharing basic facts of the
School District loss of funding throughout the years, including staffing and program cuts.
She explained that the planned survey would be completed and back to the school
board by June 14t" as it was going out to the community on June 6 th
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GUSD staffer Rebecca Wright spoke on the state funding cuts to the School District,
and shared details of a variety of parcel and sales tax measures, sharing surveys
conducted previously.
GUSD Board Trustee Mark Good spoke on the proposed tax measure explaining that a
general sales tax measure and subsequent advisory measure were being proposed for
the November ballot to allow the voters to vote on the allocation of the general sales tax
funding. He then spoke on the need to form a subcommittee of both bodies to discuss
the advisory measure. OMM
GUSD Board Trustee Pat Mitgard suggested that the City Council create a
subcommittee to discuss the issue of the sales tax measure, as well as call a special
joint meeting of the two bodies to further discuss the concept. She then suggested that
the joint meeting be schedule on July 17t" or 18tH
GUSD Board Trustee Fred Tovar spoke on his personal goal to raise the bar for
students in Gilroy stating that as a parent, he was begging the city to consider the
concept of a sales tax measure as education cuts were ultimately a city -wide problem.
GUSD Board Trustee Dom Payne stated that the full School Board was in support of the
need for the joint tax measure, explaining that it was of great importance to the
community as a whole.
There was no further public comments.
The Council agreed to agendize a special meeting on June 25, 2012 to discuss the
outcome of the survey results and discuss the proposed sales tax measure.
The Council formed the subcommittee of Council Member Leroe- Munoz, Mayor Pro
Tempore Tucker and Mayor Pinheiro and selected July 17, 2012 at 6:30 p.m. as a
tentative future joint meeting date on the proposal.
IV. REPORTS OF COUNCIL MEMBERS
There were none.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
The Council agreed to agendize further discussion on the South Valley Middle School
pool repairs on the July 18, 2012 meeting agenda.
VI. CONSENT CALENDAR
A. Minutes of the May 21, 2012 Regular Meeting
B. A Resolution 2012 -24 of the City Council of the City of Gilroy Adopting the City
of Gilroy Appropriation Limit of $131,789,175.00 for Fiscal Year 2012 -2013
C. Approval of Parcel Map for 7737 and 7725 Eigleberry Street, APN's 799 -03 -030
and 799 -03 -031
D. Acceptance of Grant Deed for Alley Easement at 7209 Rosanna Street, APN
799 -15 -035
E. Notice of Acceptance of Completion of Deferred Agreement 85 -52, Alfred and
Norma J. Powell
F. Approval of Surplus of 31 Expired Bullet Resistant Vests and Donation to the
South Bay Regional Training Consortium
G. Approval of Surplus of Two Pursuit Immobilization Tactic Vehicles and
Memorandum of Understanding with the South Bay Regional Training
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Consortium for the Donation of the Vehicles
H. Approval of American Crown Circus Event to be Held June 21- 24th, 2012
I. Transfer of Gilroy Sobrato Apartments Project Ownership from South County
Housing to Gilroy Sobrato, LLC
Motion on the Consent Calendar
Motion: to Approve Consent Calendar Items A, B, C, D, E, F, G, H, I
Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
Absent: Council Member Bob Dillon; Council Member Perry Woodward
The Council adjourned for a recess at 8:13 p.m.
The Council reconvened at 8:26 p.m.
VII. BIDS AND PROPOSALS
A. Award of City Custodial Services Agreement with Flagship Facility Services,
Inc., RFP -ASD -363
The staff report was presented by Facilities Manager Brandini.
There were no public comments.
Motion on Item VII.A.
Motion: to Approve Custodial Services Agreement with Flagship Facility Services
Inc.
Moved by Council Member Dion Bracco, seconded by Council Member Peter
Arellano M.D.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
Absent: Council Member Bob Dillon; Council Member Perry Woodward
VIII. PUBLIC HEARINGS
A. Continued Residential Development Housing Exemption Request to Allocate
60- Residential Units Under Gilroy Zoning Code Section 50.62 (b) (10), on a
Property Zoned DGD (Downtown Gateway District), Located on the West Side
of Monterey Street at Eleventh Street, APN's799 -33 -045 thru 799 -33 -064
(Signature Development Group c/o Tom Quaglia Applicant); RDO -HE 12 -01
Council Member Bracco recused himself from deliberations on the item explaining that
he owned property within the subject area; he then left the Council Chambers
The staff report was presented by Planner II Durkin.
The public hearing was opened.
Applicant Tom Quaglia offered to answer any questions on the proposal.
There being no further comment, the public hearing was closed.
Motion on Item VIII.A.
Motion: to Adopt Resolution 2012 -25 of the City Council of the City of Gilroy
Approving RDO -HE 12 -01, An Application for a Downtown Project Exemption
From the Residential Development Ordinance for Sixty Residential Units on
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Approximately 7.45 Acres Located West of Monterey Street, APN's 799 -33 -045 -
799 -3 -064
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 4- 0 -2 -1.
Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe-
Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
Absent: Council Member Bob Dillon; Council Member Perry Woodward
Abstain: Council Member Dion Bracco
IX. UNFINISHED BUSINESS
A. A Resolution of the City Council of the City of Gilroy Approving A/S 11 -16, An
Application for Architectural and Site Approval to Construct Two Hotels on a
5.75 Acres Property at the Northeast Corner of Leavesley Road and Forrest
Street APN's 835 -01 -050 and 835 -01 -064 (Fresh Group c/o Erin Chen,
Applicant); AS -PUD 11 -16
The staff report was presented by Planner II Durkin.
There were no public comments.
Motion on Item IX.A.
Motion: to Adopt Resolution 2012 -26 of the City Council of the City of
Gilroy Approving A/S 11 -16, An Application for Architectural and Site Approval to
Construct Two Hotels on a 5.75 Acres Property at the Northeast Corner of
Leavesley Road and Forrest Street APN's 835 -01 -050 and 835 -01 -064
Moved by Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
Absent: Council Member Bob Dillon; Council Member Perry Woodward
B. An Ordinance of the City Council of the City of Gilroy Amending Chapter 19B
of the Gilroy City Code to Regulate Smoking in City Parks
The staff report was presented by Operations Manager Stubchaer wherein he shared
an amended ordinance for introduction with changes specifically within Section I
"definitions"
Public comment was opened.
Lynn Madruga spoke on the need for smoke free parks sharing issues for people with
Asthma and suggesting that the Council create smoke free parks in the City.
Art Barron shared his previous presentation with the members of the Gilroy Youth
Advocates stating that the youth in the community wanted to see all parks designated
as smoke free. He then explained that Gilroy was one of the last cities in the county that
had not yet adopted a smoke free parks ordinance
Nicole Cox spoke on the various smoking ordinances in cities throughout the county
stating that they varied anywhere from tobacco and smoke free parks to regulating
specific areas and facilities.
Public comment was closed.
Motion on Item IX.B.
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Peter Arellano MD.
Vote: Motion carried 4 -1 -2.
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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
Absent: Council Member Bob Dillon; Council Member Perry Woodward
City Clerk Freels read the ordinance by title.
Second Motion on Item IX.B.
Motion: to Introduce an Ordinance of the City Council of the City
of Gilroy Amending Chapter 19B of the Gilroy City Code to Regulate Smoking in
City Parks
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 4 -1 -2.
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
Absent: Council Member Bob Dillon; Council Member Perry Woodward
X. NEW BUSINESS
A. Approval of Fourth Amendment to the Single Tenant Lease with Gilroy
Gardens Family Theme Park Inc.
The staff report was presented by City Administrator Haglund.
There were no public comments.
Motion on Item X.A.
Motion: to Approve the Fourth Amendment to the Single Tenant Lease with Gilroy
Gardens Family Theme Park Inc. Extending the Lease Term Until February 28,
2015
Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
Absent: Council Member Bob Dillon; Council Member Perry Woodward
B. Memorandum of Understanding with Gilroy Police Officers Association, Inc. for
July 1, 2012 Through June 30, 2014 and Approval of July, 2012 and July 2013
Salary Schedules for Personnel Represented by the Gilroy Police Officers
Association
The staff report was presented by Human Resources Director McPhillips.
There were no public comments.
Motion on Item X.B.
Motion: to Approve a Memorandum of Understanding with the
Gilroy Police Officers Association, Inc. from July 1, 2012 Through June 30, 2014
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Dion Bracco.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
Absent: Council Member Bob Dillon; Council Member Perry Woodward
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Second Motion on Item X.B.
Motion: to Adopt Resolution 2012 -27 of the City Council of the City of Gilroy
Establishing the July 1, 2012 and July 1, 2013 Salary Schedules for Personnel
Represented by the Gilroy Police Officers Association
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Dion Bracco.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
Absent: Council Member Bob Dillon; Council Member Perry Woodward
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund stated that he would be out of the office the following week.
XII. CITY ATTORNEY'S REPORTS
There were none.
XIII. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION; Pursuant to Government
Code Section 54957, Gilroy City Code Section 17A.8 (a) (4)
Name/Title: Shawna Freels, City Clerk
The item was pulled from the agenda during orders of the day.
B. 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: Edward Bozzo, Phillip King v. City of Gilroy
Court: United States District Court, Northern District
Case No. 5:12 -cv- 02542 -HRL
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS; Pursuant to Government
Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2)
Property: 7652 Monterey Street, Gilroy, CA.
Agency Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer
Other Party to Negotiations: Gary Walton
Under Negotiations: Price and Terms of Lease Payment
There were no public comments on closed session.
City Attorney Callon explained that the City Council was adjourning to closed session on
Item B to discuss the existing litigation strategy which could potentially jeopardize the
city's position if discussed in open session.
Motion to Adjourn to Closed Session
Motion: to Assert the Attorney Client Privilege on Item XIII.B and Adjourn to
Closed Session
Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore
Cat Tucker.
Vote: Motion carried 5 -0 -2. 00M
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro
Absent: Council Member Bob Dillon; Council Member Perry Woodward
The council adjourned to Closed Session at 9:00 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 5 -0 -2
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker and Mayor Al
Pinheiro
Absent: Council Member Bob Dillon; Council Member Perry Woodward
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City Clerk
City Council Meeting Minutes
6 -4 -2012