Minutes 2013/01/07.City of Gilroy
City Council Meetinq Minutes
January 7, 2013
A. Call to Order
Mayor Gage called the meeting to order at 6:00 p.m.
Roll Call
Present: Council Member Dion Bracco; Mayor Don Gage; Council Member Peter
Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward;
Absent/Excused: Council Member Terri Aulman; Council Member Peter Arellano
M.D.
Mayor Gage led the Pledge of Allegiance.
The invocation was given by Pastor Malcolm McPhail.
City Clerk Shawna Freels reported that the agenda had been posted on January 2,
2013 at 10:30 a.m.
B. Orders of the Day
There were no agenda changes.
C. Introductions
City Engineer Smelser introduced Engineering Technician Lisa Gabrielsen, and
Transportation Engineer Henry Servin; new employees in the Public Works Department.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Gage presented a proclamation naming January 27th - February 1, 2013 as
"Catholic Schools Week ".
Mayor Gage presented a certificate of appreciation honoring retiring Library employee
Denise Fromm for her 12 years of service.
Mayor Gage read a certificate of appreciation honoring retiring Library employee
Yolanda Provencio for her 39 years of service.
Brandi Garcia of Assemblymember Luis Alejo's office presented a Resolution honoring
CNN Hero Mary Cortani
Council Member Terri Aulman joined the meeting at 6:08 p.m.
III. PRESENTATIONS TO COUNCILA. PUBLIC COMMENT BY MEMBERS OF THE
PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
Richard St. Cloud spoke on homelessness in Gilroy asking the City Council to agendize
an item in the future on homelessness in the city.
Council Member Bracco explained that he would be meeting with Mr. St. Cloud and
would follow up with the Council.
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IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco reported that the Gilroy Gang Task Force meeting would be
held at San Ysidro park the following week.
Council Member Tucker wished happy new year.
Mayor Pro Tempore Woodward shared information from the December VTA meeting,
explaining that the approval of the Habitat Conservation Plan and funding had been on
the Board agenda, and was approved by a narrow margin.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Pro Tempore Woodward requested that a report be presented to Council on un-
funded pension liability, with actuarial numbers on the PERS rate and treasury bond
rate to identify the worst case scenario. He then asked that the issue of in -house City
Attorney services be agendized for a future meeting.
The Council agreed to agendize the items.
VI. CONSENT CALENDAR
A. Minutes of December 3, 2012 Regular Meeting
B. Minutes of December 7, 2012 Special Meeting
C. Minutes of December 10, 2012 Rescheduled Regular Meeting
D. Claim of Travis Bettcher
E. Submittal of Letters to Sister Cities Monticelli, Italy and Koror, Palau Placing
Them in Emeritus Status
F. A Resolution 2013 -01 of the City Council of the City of Gilroy Declaring Certain
Weeds Growing in the City to be a Public Nuisance, Describing Weeds Which
Constitute Such a Nuisance, and Providing Notice of the Adoption of the
Resolution by Publication Thereof
G. Senate Bill 1186 $1.00 Fee for Local Business Licenses
H. Opening of Recruitment Period to Fill One Vacancy on the Youth Commission
I. Approval of Final Parcel Map for APN's 810 -21 -004 and 810 -21 -005, South Valley
Community Church
Motion on Consent Calendar
Motion: to approve consent calendar items A, B, C, D, E, F, G, H, I
Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore
Perry Woodward.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Mayor Don
Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor
Pro Tempore Perry Woodward
Absent: Council Member Peter Arellano M.D.
VII. BIDS AND PROPOSALS
There were none.
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VIII. PUBLIC HEARINGS
There were none.
IX. UNFINISHED BUSINESS
A. Selection and Appointment of Members to City Boards, Commissions and
Committees with Terms Expiring December 31, 2013, December 31, 2014,
December 31, 2015, and December 31, 2016
Mayor Gage suggested appointing the Planning Commission members first, with a term
start of February 1, 2013 to allow the existing Planning Commissioner to participate in
the Commission meeting of January 10th
Council Member Peter Arellano M.D. joined the meeting at 6:28 p.m.
There were no public comments.
Motion on Item IX.A.
Motion: to Appoint Phyllis Armenta and Dave Dunkle full term, and Barbara
Bottini for a 2 year term to the Arts and Culture Commission, Eldon Chappell to
the Bicycle Pedestrian Commission, Robert Hyde and Metra Valle to the Building
Board of Appeals, Steve Ashford to the Historic Heritage Committee, Russell
Sosa, Damien Cabezas and Rebecca Garcia to the Housing Advisory Committee,
Carol Smith and Patricia Cooper to the Library Commission, Walter Glines, Jack
Foley and Robert Esposito to the Open Government Commission; Ermelindo
Puente for a full term beginning 2/1/13 and Brittany Lehman for a 2 -year
unexpired term to the Parks and Recreation Commission, Barbara DeLorenzo to
the Personnel Commission, Gloria Lauriano to the Physically Challenged Board
of Appeals and Richard Gullen and Paul Kloecker to the Planning Commission
with terms beginning 2/1/13
Moved by Council Member Cat Tucker, seconded by Council Member Peter
Arellano M.D.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman;
Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe-
Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward
X. INTRODUCTION OF NEW BUSINESS
A. Work Plan for Renewing Gilroy's Neighborhood Revitalization Strategy
Through Program Years 2013 -2018
The staff report was presented by Housing and Community Development Manager
Roaf.
Public comment was opened; there being none, public comment was closed.
Motion on Item X.A.
Motion: to Direct Staff to Proceed with Seeking Renewal of the Neighborhood
Revitalization Strategy for Program Years 2013 -2018
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Terri
Aulman; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter
Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward
B. A Resolution Setting Polices and Requirements to Display Community Event
Over - the - Street Banners and Review of "Historic Downtown Gilroy" Archway
Signage]
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The staff report was presented by Development Center Manager Butler.
Public comment was opened.
James Suner spoke on behalf of the Downtown Association sharing the design of the
banner and stating that the Association wanted to be able to put up a banner at least
once per year.
Public comment was closed.
Motion on Item X.B.
Motion: to direct staff to go back to look at placement and look of the archways
and assess additional costs.
Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Perry
Woodward.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D. ; Council Member Terri Aulman;
Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe-
Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward
Second Motion on Item X.B.
Motion: to accept the design as presented in the staff report
Moved by Council Member Cat Tucker, seconded by Council Member Dion
Bracco.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor
Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker;
Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman
Third Motion on Item X.B.
Motion: to send back the Polices and Requirements to Display Community Event
Over - the - Street Banners to staff to add a condition in the policy that banner
assessment be conducted by the Public Works Department, and criteria be
established for the content of a banner, and to waive any fees the first year to
examine the actual costs for the service.
Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor
Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker;
Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman
C. Appointments of Council Representatives to Regional Boards and Advisory
Committees
Mayor Gage presented the item.
Public comment was opened; there being none, public comment was closed.
Motion on Item X.C.
Motion: to Appoint Council Members as Representatives to Boards and Advisory
Committees
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Terri
Aulman; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter
Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry
Woodward
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XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund spoke on the strategic planning session being held the
coming Friday and Saturday in the Police Department Community room.
XII. CITY ATTORNEY'S REPORTS
Acting City Attorney Faber explained that City Attorney Callon was recuperating.
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: 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
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8; Gilroy City Code Section 17A.8 (a) (2)
Property: 7350 Rosanna Street, Gilroy, California (Corner of 7th and Rosanna Streets)
Agency Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer
Other Party to Negotiations: County of Santa Clara
Under Negotiations: Price and Terms of Payment
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a)
(2)
Properties: 7350/7360/7370/7380 /7390 Dowdy Street, Gilroy, Ca.
Negotiators: Thomas Haglund, City Administrator; Rick Smelser, Public Works
Director /City Engineer
Other Party to Negotiations: Daymond and Diane Miller; Nina York; David and Margery
Calcaterra; Patricia Mondragon; Jack Nakano, Trustee
Under Negotiations: Price and Terms of Payment
There were no public comments.
Acting City Attorney Faber explained that the discussion of the litigation matter in open
session could prejudice the case, recommending that the Council adjourn to closed
session on the item.
Motion to enter into Closed Session Item XIII.A.
Motion: to Assert the Attorney Client Privilege on Item XIII.A and Adjourn to
Closed Session
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 Terri
Aulman; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter
Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward
The Council adjourned to closed session at 8:00 p.m.
Motion to continue in closed session
The Council voted to remain in closed session by the following vote:
Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 7 -0.
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Yes: Council Member Peter Arellano M.D.; Council Member Terri
Aulman; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter
Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward
-,SHAWNA FREE`LS, MMC
City Clerk
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