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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. City Council Meeting Minutes 6 -4 -2012 2 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 City Council Meeting Minutes 6 -4 -2012 3 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 City Council Meeting Minutes 6 -4 -2012 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 City Council Meeting Minutes 6 -4 -2012 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. City Council Meeting Minutes 6 -4 -2012 C� 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 City Council Meeting Minutes 6 -4 -2012 7 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. City Council Meeting Minutes 6 -4 -2012 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 SIAWNA FRL$, MMC City Clerk City Council Meeting Minutes 6 -4 -2012