Minutes 2014/10/201
City of Gilroy
City Council Meeting Minutes
October 20, 2014
I. OPENING
A. Call to Order
Mayor Gage called the meeting to order at 6:00 p.m.
The pledge of Allegiance was led by Council Member Cat Tucker.
The invocation was given by Dr. Melody Zarghami of the Bahai Faith Community.
City Clerk Shawna Freels announced that the agenda had been posted on October 15,
2014.
Roll Call
Present: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Cat Tucker; Mayor Don Gage
Absent/Excused: Council Member Peter Arellano; Council Member Peter Leroe-
Munoz; Mayor Pro Tempore Perry Woodward
B. Orders of the Day
There were no agenda changes.
C. Introductions
Fire Chief Anderson introduced newly hired Fire Division Chief Mary Gutierrez.
Council Member Peter Arellano joined the meeting at 06:05 p.m.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Gage presented a proclamation recognizing October as National Breast Cancer
Awareness Month.
INTERVIEWS
A. Interviews for 6 Open Seats on the Gilroy Youth Commission
Council Member Peter Leroe- Munoz joined the meeting at 06:08 p.m.
The Council conducted the interviews.
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 none.
B. Assembly Member Luis Alejo's Legislative Report
Assembly Member Luis Alejo presented his Legislative Report
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IV. REPORTS OF COUNCIL MEMBERS
There were no reports.
MAYOR'S REPORT
Mayor Gage reported that the City Attorney recruitment interviews would be held by the
sub - committee on November 1, 2014 and the full Council would interview candidates on
November 8, 2014. He then spoke on the URM Task Force meeting held that day and
plans for future meeting regarding the old Creamery building.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Leroe -Munoz spoke on a recent Senate Bill which had passed related
to paying prevailing wage, and suggested that an ordinance be addressed related to the
City's purchasing processes to align with the legislation.
A. Minutes of the October 6, 2014 Regular Meeting
B. Minutes of the September 29, 2014 Special Meeting
C. Opening of the Annual Recruitment Period for Boards, Commissions and
Committees with Member Terms Expiring December 31, 2014
D. Appointment of One (1) Member to an Unexpired Seat on the Housing
Advisory Committee With a Term Expiring September 30, 2016
E. Budget Amendment in the Amount of $153,000.00 for Santa Clara Valley
Habitat Conservation Plan Fees
F. Budget Amendment in the Amount of 56,149.00 for Personnel Expenses for a
Senior Planner
Motion on the Consent Calendar
Motion: to approve Consent Calendar items A, B, C, D, E and F
Moved by Council Member Terri Aulman, seconded by Council Member Peter
Arellano.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
VII. BIDS AND PROPOSALS
There were none.
Vlll. PUBLIC HEARINGS
A. Public Hearing for the Issuance of Tax - Exempt Obligations by the California
Statewide Communities Development Authority for Approval of up to
$50,000,000.00 in Tax- Exempt Bonds for the Benefit of California Shock
Trauma Air Rescue
The staff report was presented by Finance Director Turner.
The public hearing was opened; and there being none it was then closed.
Motion on Item VIII.A.
Motion: to Adopt Resolution No. 2014 -55 of the City Council of the City of Gilroy
Approving the Issuance of Tax - Exempt Obligations by the California Statewide
Communities Development Authority
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Moved by Council Member Cat Tucker, seconded by Council Member Peter
Arellano.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
IX. UNFINISHED BUSINESS
X. INTRODUCTION OF NEW BUSINESS
A. Acceptance of Donation from the Gilroy Little League
The staff report was presented by Recreation Director DeLeon.
There were no public comments.
Motion on Item X.A
Motion: to Accept a Donation from the Gilroy Little League
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
B. Report on Tobacco Retail License Community Workshop
The staff report was presented by Senior Planner Ketchum.
The public comment period was opened.
Hewitt Joyner of Breath California was called to speak explaining that his agency's
function was to educate retailers on the process of adhering to the tobacco retailer
ordinance
Angie Aguirre spoke on the need for the ordinance and the issues of selling tobacco to
youth and financial impacts of health care services for those who smoke.
Javier Aguirre spoke in support of the adoption of the ordinance explaining the need for
the legislation and the targeted advertising to Hispanic youth and further spoke on
recent support by the school district for the enactment of the ordinance.
Paul Henry owner of Leavesley Chevron was called to speak sharing his thoughts
against the adoption of the ordinance and explaining that 30% of his sales came from
cigarette sales and further stating that his business had policies and procedures in
place to train employees to not sell tobacco products to minors.
Tareq Sulaiman of JV Liquor was called to speak sharing his thoughts against the
adoption of the ordinance explaining that his business had never been cited for selling
to youth.
Erin O'Brien was called to speak in support of the ordinance.
Jaime Rosso of the Gilroy Unified School Board was called to speak sharing his support
for the legislation.
Mark Turner of the Gilroy Chamber of Commerce was called to speak explaining that
the Chamber was not in support of the ordinance as proposed.
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Ron Kirkish was called to speak sharing his support of the ordinance explaining that the
use of tobacco by minors was a gateway to other drugs such as alcohol and marijuana.
Edwin Diaz was called to speak sharing his support of the adoption of the ordinance
explaining that the community transformation grant had statistics that support the need
for the ordinance as youth in Gilroy were at a higher risk.
Public comment was then closed.
Motion on Item X.B.
Motion: Direction to Staff to prepare an ordinance with annual training for store
owners and all employees, a $100 permit fee to be reviewed annually, the
provision that businesses can be sold without being penalized, employee and
business owner fine structure to be looked at by staff, with the costs for officer
enforcement to come out of the civil fine fund, an annual application to show
proof of training for all employees and the provision that new businesses cannot
locate within 1000 feet of a school.
Moved by Council Member Dion Bracco, seconded by Council Member Terri
Aulman.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XI. CITY ADMINISTRATOR'S REPORTS
XIII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9(d) (1) and GCC Section
17A.11 (3) (a)
Name of Case: Donald Sipple, John Simon, Karl Simonsen and Christopher Jacobs,
Settlement Representatives; New Cingular Wireless PCS, LLC, a Delaware limited
liability company v. The City of Alameda, California, et al.
(Complaint for Refunds of Taxes Erroneously Paid and Collected in Violation of Law)
Court: Second Appellate District of the Court of Appeal
Case No.: 8242893
Date Case Initially Filed: May 27, 2011
Assistant City Attorney Houston explained that the Council was adjourning to closed
session as discussion in open session could prejudice the city's position in the case.
Motion to adjourn to closed session
Motion: to Adjourn to Closed Session
Moved by Council Member Tucker; Second by Council Member Leroe- Munoz.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage
Absent: Council Member Peter Arellano; Mayor Pro Tempore Perry Woodward
The meeting adjourned at 8:36 p.m.
SHAWNA FREELS,
City Clerk
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