Minutes 2012/09/17City of Gilroy
City Council Meeting Minutes
September 17, 2012
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:03 p.m. and led the pledge of
allegiance.
The Invocation was given by Father Dan Derry of Saint Mary Catholic Church.
City Clerk Shawna Freels announced that the agenda had been posted on September
12, 2012 at 12:00 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
There were no agenda changes.
C. Introductions
There were none.
Interviews
The Council interviewed applicants to Fill (6) Six Open Seats on the Youth Commission.
Council Member Peter Arellano M.D. joined the meeting at 6:10 p.m.
I. Study Session on the Santa Clara Valley Habitat Plan
The staff report was presented by Senior Planner Ketchum.
Public comment was opened.
Roland Lebrun spoke on 2001 Fish and Wildlife and Fish and Game requirements and
spoke against adoption of the plan, stating that the reserve was being built with county
parks, not wild lands. He explained that it was not what was voted on stating that the
existing park land was unethical.
There being no further comments, public comment was closed.
11. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Pinheiro presented a Proclamation naming September 17th - 23rd, 2012 as
Constitution Week
Mayor Pinheiro announced that Proclamations for Arbor Day and Family Day were also
included within the meeting agenda.
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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
Jeff Rangel of Brocade Communications invited the City Council to the Annual Silicon
Valley Turkey Trot.
Kathleen King invited the City Council to participate in the annual Silicon Valley Turkey
Trot.
Public comment was closed.
B. Physically Challenged Board of Appeals Annual Presentation to Council
The presentation was given by Sue Rodriguez of the Physically Challenged Board of
Appeals.
C. Gilroy Welcome Center Annual Presentation to Council
Jane Howard of the Gilroy Welcome center presented the report.
IV. REPORTS OF COUNCIL MEMBERS
MAYOR'S REPORT
Mayor Pinheiro spoke on his recent travels abroad, expressing his recognition of how
fortunate it was to be living in America.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
VI. CONSENT CALENDAR
A. Claim of Fred Golden
B. Claim of Stephanie and Antonio Indindoli
C. Claim of Jesse Valasquez
Motion on the Consent Calendar Items A, B, C
Motion: to approve consent calendar items A, B, C
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
VII. BIDS AND PROPOSALS
A. Award the VERBS Safe Route to School Project to FBD Vanguard
Construction Inc. in the Total Amount of $651,952.67, Project No. 12 -PW -199
The staff report was presented by Traffic Engineer Dey.
Motion on Consent Calendar Item D.
Motion: approve Motion to Award the VERBS Safe Route to School Project to FBD
Vanguard Construction Inc. in the Total Amount of $651,952.67, Project No. 12-
PW -199
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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
VIII. PUBLIC HEARINGS
A. Continued Public Hearing of the City of Gilroy Declaring the Results of
Majority Protest Proceedings, Establishing the City of Gilroy Tourism
Business Improvement District, and Levying Assessments Therein
The staff report was presented by City Administrator Haglund.
The public hearing was opened; there being no public comment, the hearing was
closed.
Motion on Item VIII.A.
Motion: to Adopt Resolution 2012 -36 of the City Council of the City of Gilroy
Declaring the Results of Majority Protest Proceedings, Establishing the City of
Gilroy Tourism Business Improvement District, and Levying Assessments
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 6 -1.
Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward; Mayor Al Pinheiro
No: Council Member Dion Bracco
B. Public Hearing to Consider the Demolition and Removal of an Existing Vacant
City Owned Building, and Architectural and Site Review for the Construction
of an Approximately 12 -foot Wide Paved Pedestrian Paseo on a Property
Located at 7453 Monterey Street (APN 799 -07 -054), A/S 12 -30
The item was presented by Development Center Manager Butler.
Council Member Woodward recused himself from deliberations on the item explaining
that he owned a property within 500 feet of the subject property. He then left the Council
Chambers.
The public hearing was opened.
Connie Rogers explained that she had interpreted a previous comment by the Chair of
the Historic Heritage Committee as a request for the Committee to be involved in future
planning in the downtown, including their participation on the paseo committee.
The public hearing was closed.
Motion on Item VII1.B.
Motion: to Approve a Negative Declaration Finding That; (a) it is Complete and in
Compliance with CEQA; (b) That it Reflects the Independent Judgment of the
City; and (c) There is no Substantial Evidence That the Project will Have a
Significant Effect on the Environment
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 6- 0 -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
Abstain: Council Member Perry Woodward
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Second Motion on Item VIII.B.
Motion: to Adopt Resolution 2012 -37 of the City Council of the City of Gilroy
Approving A/S 12 -30, an Application for Architectural and Site Approval for the
Demolition of a Commercial Building on a Property Located on a 0.06 Gross Acre
Site Located in the Downtown Historic Zoning District at 7453 Monterey Street,
APN 799 -07 -054
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 6- 0 -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
Abstain: Council Member Perry Woodward
Council Member Woodard returned to the dais.
IX. UNFINISHED BUSINESS
A. Building Occupancy Structural Upgrade Cost Analysis for a City Building
Located at 7341 Monterey Street for Interim Use by the Gilroy Arts Alliance
The staff report was presented by City Engineer /Public Works Director Smelser.
There were no public comments.
Motion on Item IX.A.
Motion: to continue the item to October 15th, and hold a roundtable setting study
session prior with the Arts Community at the Temporary Center for the Arts.
Moved by Council Member Dion Bracco, 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
X. INTRODUCTION OF NEW BUSINESS
A. Introduction of an Ordinance of the City Council of the City of Gilroy
Amending Chapter 17.A, Article IV, Section 17A.35 of the Gilroy City Code to
Change the Composition of the Open Government Commission
The staff report was presented by City Attorney Callon.
There were no public comments.
Motion on Item X.A.
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Council Member Dion Bracco, 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
Second Motion on Item X.A.
Motion: to Introduce an Ordinance of the City Council of the City of
Gilroy Amending Chapter 17A, Article IV, Section 17A.35 of the Gilroy City Code
to Change the Composition of the Open Government Commission with wording
change from Policy Body to Commission in Section 17A.35 (a)
Moved by Council Member Perry Woodward, seconded by Council Member Peter
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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
B. Review of the Parks and Recreation Facilities Memorial Recognitions, Gift and
Sponsorship Policy
The staff report was presented by Recreation Director DeLeon
There were no public comments.
Council directed staff to form a sub - committee to review the policy, with Council
Members Bracco and Woodward, two members of the Parks and Recreation and a City
staff person.
C. 2013 City Council Regular Meetings Calendar
The Council agreed to agendize the annual goal Setting Session on January 11 th and
12th
Motion on Item X.C.
Motion: to approve the 2013 City Council Regular Meetings Calendar
Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Dion
Bracco.
Vote: Motion carried 6 -1.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward; Mayor Al Pinheiro
No: Council Member Bob Dillon
I. ADJOURN TO THE MEETING OF THE BOARD OF DIRECTORS OF THE
COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF GILROY
Motion to Adjourn to the Community Development Agency Meeting
Motion: to Adjourn to the Meeting of the Board of Directors of the
Community Development Agency of the City of Gilroy
Moved by Council Member Peter Leroe- Munoz, 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
A. Adoption of a Resolution of the Board of Directors of the Community
Development Agency In Review of the Conflict of Interest Code for the
Community Development Agency of the City of Gilroy
The staff report was presented by City Clerk Freels.
There were no public comments.
Motion on Item A.
Motion: to Adopt Resolution 2012 -01 of the Board of Directors of the Community
Development Agency in Review of the Conflict of Interest Code for the
Community Development Agency of the City of Gilroy Pursuant to Its Biennial
Review
Moved by Council Member Perry Woodward, seconded by Council Member Bob
Dillon.
Vote: Motion carried 7 -0.
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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
I. ADJOURN TO THE MEETING OF THE CITY COUNCIL OF THE CITY OF GILROY
Motion to Adjourn to the Regular Meeting of the City Council
Motion: to Adjourn to the Meeting of the City Council of the City of Gilroy
Moved by Council Member Bob Dillon, 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
D. Adoption of a Resolution of the City Council of the City of Gilroy in Review of
the Conflict of Interest Code for the Community Development Agency of the
City of Gilroy
There were no public comments.
Motion on Item X.D.
Motion: to Adopt Resolution 2012 -38 of the City Council of the City of Gilroy in
Review of the Conflict of Interest Code for the Community Development Agency
of the City of Gilroy Pursuant to Its Biennial Review
Moved by Council Member Dion Bracco, seconded by Council Member Peter
Arellano MD.
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; Council Member Perry
Woodward; Mayor Al Pinheiro
Absent: Mayor Pro Tempore Cat Tucker
E. Adoption of a Resolution of the City Council of the City of Gilroy Approving
the City Conflict of Interest Code Pursuant to Its Biennial Review
There were no public comments.
Motion on Item X.E.
Motion: to Adopt Resolution 2012 -39 of the City Council of the City of Gilroy
Approving the City Conflict of Interest Code Pursuant to Its Biennial
Review
Moved by Council Member Dion Bracco, 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; Council Member Perry\
Woodward; Mayor Al Pinheiro
Absent: Mayor Pro Tempore Cat Tucker
XI. CITY ADMINISTRATOR'S REPORTS
There was no report.
XII. CITY ATTORNEY'S REPORTS
There was no report.
XIII. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
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Pursuant to Government Code Section 54957, Gilroy City Code Section 17A.8 (a) (4)
Name/Title: Shawna Freels, City Clerk
The item was not heard.
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
Date Case Filed: June 1, 2012
C. PUBLIC EMPLOYEE APPOINTMENT /HIRING
Pursuant to Government Code Section 54957 (b); Gilroy City Code Section 17A.8 (a)
(4)
Title of Position to Be Filled: Interim Fire Chief
City Attorney Callon advised the Council to adjourn to Closed Session on Item XIII.B as
discussion of legal strategy in open session could jeopardize the position of the city.
There were no public comments.
Motion to Adiourn 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 Council Member
Perry Woodward.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member
Peter Leroe- Munoz; Council Member Perry Woodward; Mayor Al Pinheiro
Absent: Council Member Peter Arellano M.D.; Mayor Pro Tempore Cat Tucker
The Council adjourned to closed session at 8:49 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; Council Member Perry
Woodward; Mayor Al Pinheiro
Absent: Mayor Pro Tempore Cat Tucker
There were no closed session announcements
l
HAWNA FREE , MMC
City Clerk
City Council Meeting Minutes
9 -17 -2012