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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. City Council Meeting Minutes 9 -17 -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 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 City Council Meeting Minutes 9 -17 -2012 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 City Council Meeting Minutes 9 -17 -2012 Ell 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 City Council Meeting Minutes 9 -17 -2012 5 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. City Council Meeting Minutes 9 -17 -2012 Em 6 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 City Council Meeting Minutes 9 -17 -2012 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