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Minutes 2012/06/18City of Gilroy City Council Meeting Minutes June 18, 2012 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 Ruth Breton of the Gilroy Baha'i Community. Roll Call Present: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Mayor Al Pinheiro Absent/Excused: Council Member Peter Arellano MD; Council Member Perry Woodward Mayor Pinheiro explained that Council Member Woodward had previously communicated that he would be absent from the meeting. City Clerk Shawna Freels announced that the agenda had been posted on June 13, 2012 at 3:15 p.m. B. Orders of the Day Mayor Pinheiro explained that the interviews and appointment Item IX.A. would be postponed as there were no applicants present. I. Interviews for One (1) Open Seat on the Library Commission The item was pulled from the agenda during orders of the day. C. Introductions City Administrator Haglund introduced the item. Chief Foster shared the newly filled positions of Fire Division Chief, introducing Colin Martin and Chris Webber. Council Member Peter Arellano M.D. joined the meeting at 6:12 p.m. Recreation Department Director DeLeon introduced newly hired Recreation Supervisors Anna Bieleki and Monica Sendejas Community Development Director Abrams introduced Lee Butler, newly hired Development Center Manager. Police Chief Turner introduced Kelly Young, newly hired 911 Dispatcher. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Nanci Lima, 2nd Vice President of the City Clerks' Association of California presented a plaque to City Clerk Shawna Freels, honoring her for Achieving the IIMC Designation of Master Municipal Clerk City Council Meeting Minutes 6 -18 -2012 2 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 There were no public comments. B. Santa Clara Valley Water District (SCVWD) Presentation Requesting Support of the Safe, Clean Water and Natural Flood Protection Plan Ballot Measure There was no presentation. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco stated that he wanted to let the community and Council know that the Santa Clara County Library JPA was taking the issues with vandalism at the new library very seriously, explaining that library staff had taken training that day with the Police Chief, and explaining that the behavior would be stopped. Council Member Dillon asked Council Member Bracco about the skate boarding in the library, asking for an update at the next Council meeting. MAYOR'S REPORT There was no report. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of the June 4, 2012 Regular Meeting B. A Resolution No. 2012 -28 of the City Council of the City of Gilroy Calling a General Municipal Election for Municipal Office, Requesting Consolidation of Elections With the General Election to be Held November 6, 2012, and Requesting Services of the Registrar of Voters C. A Resolution No. 2012 -29 of the City Council of the City of Gilroy Releasing $6,744.70 in Unclaimed Checks to the City, Pursuant to Government Code Section 50053 D. A Resolution 2012 -30 of the City Council of the City of Gilroy Releasing $45.49 in Unclaimed Checks to the City, Pursuant to Government Code Section 50055 E. Acceptance of Exclusive Easement Grant Deed for APN 799 -04 -008 Located at 7601 Monterey Street, Gilroy California F. Community Development Block Grant (CDBG) and Housing Trust Fund Budget Amendment of $15, 852.00 for Fiscal Year 2011/2012 G. Community Development Block Grant (CDBG) and Housing Trust Fund Budget Amendment of $37,015.00 for Fiscal Year 2012/2013 H. Budget Amendment of $99,070.00 for Police Department Technology Motion on the Consent Calendar Motion: to Approve Consent Calendar Items A, B, C, D, E, F, G, H Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat City Council Meeting Minutes 6 -18 -2012 3 Tucker. Vote: Motion carried 6 -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; Mayor Al Pinheiro Absent: Council Member Perry Woodward VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. Public Hearing for Report from the Gilroy Police Department Recommending Projects and Programs for Funding Approval Under the 2012 Edward Byrne Memorial Justice Assistance Grant ($15,827.00) for the 2012 -2013 Fiscal Year The item was presented by Police Sergeant Chad Gallacinao. The public hearing was opened, and there being no comment, the hearing was closed. Motion on Item VIII.A. Motion: to Approve Recommended Projects and Programs for Funding Under the 2012 Edward Byrne Memorial Justice Assistance Grant ($15, 827.00) for FY 2012 2013 Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe Munoz. 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 B. Public Hearing to Consider the Placement of Liens for Non - payment of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy The staff report was presented by Finance Director Turner. The public hearing was opened. There was a comment made by a member of the public that a negative credit reference should be put on the renters' credit as the property owners were being left with the bill and there was no ramifications for the renters who didn't pay their bills. The public hearing was closed, Motion on Item VIII.B. Motion: to Adopt a Resolution 2012 -31 of the City Council of the City of Gilroy Imposing Special Assessment Liens for the Costs of Delinquent Garbage, Rubbish and Refuse Collection Services for Certain Properties Located in Gilroy - removing the sole exception for 30 days letter. Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe Munoz 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 6 -18 -2012 1i IX. UNFINISHED BUSINESS A. Appointment of One (1) Member to an Unexpired Seat on the Library Commission With a Term Expiration of 12/31/2014 The item was removed from the agenda during orders of the day. 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. There were no public comments. Motion on Item IX.B. Motion: approve Motion to Adopt an Ordinance 2012 -09 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 Council Member Peter Arellano M.D., seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 4 -2 -1. 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; Council Member Bob Dillon Absent: Council Member Perry Woodward A Resolution of the City Council of the City of Gilroy Designating Permissible Smoking Areas in City Parks The staff report was presented by Operations Manager Stubchaer. There were no public comments. Second Motion on Item IX.B. Motion: to Adopt a Resolution 2012 -32 of the City Council of the City of Gilroy Designating Permissible Smoking Areas in City Parks Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4 -2 -1. 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; Council Member Bob Dillon Absent: Council Member Perry Woodward C. Approval of the Gilroy Climate Action Plan Interim Guidelines The staff report was presented by Senior Planner Ketchum. (06:53 PM) There was a public speaker who spoke on ICLEI, stating that it was a restrictive land use plan. Motion on Item IX.C. Motion: to Approve the Gilroy Climate Action Plan Interim Guidelines Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 4 -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; Council Member Bob Dillon City Council Meeting Minutes 6 -18 -2012 Absent: Council Member Perry Woodward X. INTRODUCTION OF NEW BUSINESS A. Engineering Structural Analysis Agreement with Biggs Cardosa for City Owned Property Located at 7341 Monterey Street, Gilroy The staff report was presented by City Engineer Smelser. There were no public comments. Motion on Item X.A. Motion: to Approve Engineering Structural Analysis Agreement with Biggs Cardosa for City Owned Property Located at 7341 Monterey Street, Gilroy Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Peter Arellano M.D. 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 XI. CITY ADMINISTRATOR'S REPORTS There was no report. 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: Estate of Gurmit Singh, et al. v. City of Gilroy, et al. Court: United States District Court, Northern Division Case No. C 09- 00740JW 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: 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: Adam Sanchez Under Negotiations: Lease Terms D. 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 City Council Meeting Minutes 6 -18 -2012 6 Other Party to Negotiations: Jose Montes Under Negotiations: Price and Terms of Payment There were no public comments. City Attorney Callon explained that as Closed Session Items A and B were existing litigation, the information to be discussed would substantially disadvantage the city to defend the cases if discussed in open session. Motion to Adjourn to Closed Session " Motion: approve Motion to Assert the Attorney Client Privilege on Items XIILA and B and Adjourn to Closed Session on the Items Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco. 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 The Council adjourned to closed session at 7:29 p.m. Motion to continue in closed session 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 Clerk City Council Meeting Minutes 6 -18 -2012