Minutes 2011/12/05
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City of Gilroy
City Council Meetina Minutes
December 5, 2011
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 6:08 p.m. and led the pledge of
allegiance.
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The Invocation was given by Frank Azad of the Bahai Faith Community.
City Clerk Freels reported that the agenda had been posted on November 30,2011 at
11 :45 a.m.
Roll Call
Present: 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 AI Pinheiro
B. Orders of the Day
Mayor Pinheiro explained that the City Attorney was stuck in traffic and was joining the
meeting via conference call.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
There were no awards or presentations.
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. Bicycle Pedestrian Commission Annual Presentaticm to Council
The presentation was given by Commissioner James Fennel.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Dillon thanked the Council Members for participating as reindeer
during the downtown Christmas celebration.
MAYOR'S REPORT
Mayor Pinheiro also thanked everyone who was involved in the downtown Christmas
event explaining that it was a great time. He then spoke on the Silicon Valley Regional
Interoperability Authority seat explaining that a new candidate from the City Council
was needed to serve as south county representative on the committee.
Council Member Leroe-Muiioz stated that he would like to fill the seat.
Mayor Pinheiro then announced that there were 17 open seats on various City boards
and commissions and the application period would be closing the following day.
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V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were no items suggested.
VI. CONSENT CALENDAR
A. Minutes of November 21, 2011 Regular Meeting
B. Approval of 5-year Extension Contract Between the City of Gilroy and
Community Media Access Partnership (CMAP)
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C. Resolution 2011-47 of the City Council of the City of Gilroy Approving the
Application for High Speed Rail Station Area Planning Funds
D. Approval of Property Improvement Agreement No. 2011-02 and Final Map with
Civic Rancho Meadows, LLC for Rancho Meadows IV - Tract 10076, APN 783-
20-061
Motion to Approve the Consent Calendar
Motion: to approve consent calendar items A, B, C & D
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 AI Pinheiro
VII. BIDS AND PROPOSALS
There were no bids or proposals.
...
VIII. PUBLIC HEARINGS
A. Public Hearing to Consider a Report from the Gilroy Police Department
Recommending Projects and Programs for Funding Under the State Law
Enforcement Block Grant of $100,000.00 for Fiscal Year 2011/2012
The staff report was presented by Police Chief Turner.
The public hearing was opened, there being no comments the hearing was closed.
Motion on Item VIII.A.
Motion: to Approve Projects and Programs for Funding Under
the State Law Enforcement Block Grant, and Authorization to the City
Administrator to Execute Related Documents
Moved by Council Member Bob Dillon, 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
Tempor Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
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B. Continuation of a Public Hearing Regarding the Imposition of Real Property
Liens for Delinquent Administrative Citation Penalties "HM
The staff report was presented by Community Development Department Director
Abrams and Code Enforcement Officer Barron.
The public hearing was opened.
Karla Gonzalez spoke on a citation she had received explaining that she would like to
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12-5-2011
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take care of the fines, but the collection charges and interest were too high.
The public hearing was closed.
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Motion on Item VIII.B.
Motion: to Adopt Resolution 2011-48 of the City Council of the City of Gilroy
Regarding the Imposition of Liens for Delinquent Administrative Citation
Penalties and the Costs of Collection for Certain Properties Within the City -
pulling the citation of 490 W 9th to allow staff to address collection with the
property owner.
Moved by Council Member Bob Dillon, seconded by Council Member Perry
Woodward.
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 AI Pinheiro
IX. UNFINISHED BUSINESS
A. Presentation of the Open Government Commission Recommendation of an
Election Focused Ethics Program
The staff report was presented by City Clerk Freels.
Public comment was opened.
Paul Kloecker spoke on the program sharing his concerns of full disclosure of all
campaign contributions stating that it would prohibit candidates from receiving
contributions if names and addresses had to be publically disclosed for all amounts.
There were no further public comments.
Failed Motion on Item IX.A.
Motion: to take no action on the item and maintain the status quo.
Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward.
Vote: Motion failed 3-4.
Yes: Council Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Council Member
Perry Woodward
No: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Peter Leroe-Muiioz; Mayor AI Pinheiro
Motion on Item IX.A.
Motion: to amend the ordinance to full disclosure of all campaign contributions
of any amount.
Moved by Council Member Peter Leroe-Munoz, seconded by Council Member
Dion Bracco.
Vote: Motion carried 4-3.
Yes: Council Member Peter Arellano M.D.; Council Member Dion
Bracco; Council Member Peter Leroe-Munoz; Mayor AI Pinheiro
No: Council Member Bob Dillon; Mayor Pro Tempore Cat Tucker; Council
Member Perry Woodward
Second Motion on Item IX.A.
Motion: to require one additional pre election campaign committee statement
Moved by Council Member Dion Bracco, seconded by Council Member Peter
Leroe-Munoz.
Vote: Motion carried 4-3.
Yes: Council Member Dion Bracco; Council Member Peter Leroe-Munoz; Mayor
Pro Tempore Cat Tucker; Mayor AI Pinheiro
No: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Council
Member Perry Woodward
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Second Failed Motion on Item IX.A.
Motion: approve expenditure ceiling of .60 cents per resident.
Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion failed 3-4.
Yes: Council Member Dion Bracco; Council Member Peter Leroe-Munoz; Mayor AI
Pinheiro
No: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Mayor Pro
Tempore Cat Tucker; Council Member Perry Woodward
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Third Motion on Item IX.A.
Motion: to bring back the enforcement measures portion of the ordinance.
Moved by Council Member Bob Dillon, 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 AI Pinheiro
Fourth Motion on Item IX.A.
Motion: to take no action on the election eve candidate's forum, the direct mail
pieces mailed to all registered voter households, outreach with city newsletters
and bringing in a college intern to work on the Elections Ethics Program.
Moved by Council Member Perry Woodward, seconded by Council Member Peter
Arellano M.D.
Vote: Motion carried 4-3.
Yes: Council Member Peter Arellano M.D.; Council Member Bob Dillon; Mayor
Pro Tempore Cat Tucker; Council Member Perry Woodward
No: Council Member Dion Bracco; Council Member Peter Leroe-Munoz; Mayor
AI Pinheiro
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X. INTRODUCTION OF NEW BUSINESS
A. Approval of Community Development Block Grant (CDBG) Capital Project
Work Plan for Action Plan Year Three (3) of the Consolidated Plan
The staff report was presented by Community Development Department Director
Abrams.
There were no public comments.
Motion on Item X.A.
Motion: to Prioritize and Approve the Community Development Block
Grant (CDBG) Capital Project Work Plan for Action Plan Year Three (3) of the
Gilroy Consolidated Plan 2010-2015, with staff returning to Council for input to
determine the best use of the funds.
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 AI Pinheiro
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B. Water System Monitoring Notice
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
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Motion on Item X.B.
Motion: to Receive the Report
Moved by Council Member Peter Leroe-Munoz, 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 AI Pinheiro
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund announced that he would be out of the office the week of
December 19th and the week of December 26th.
XII. CITY ATTORNEY'S REPORTS
There was no report.
The meeting adjourned at 8:04 p.m.
City Council Meeting Minutes
12-5-2011