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Minutes 2010/07/19 9230 City of Gilroy City Council Meetina Minutes Julv 19. 2010 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 7:05 p.m. and led the pledge of allegiance The invocation was given by Jacob Hawkins of the Bahai Faith Community. City Clerk Freels reported that the agenda had been posted on July 14, 2010 at 10:00 a.m. Roll Call Present: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Mayor Pinheiro explained that Council Member Gartman was joining the meeting from a remote location at the Renaissance Melaka Hotel in Melaka, Malaysia. B. Orders of the Day There were no agenda changes. C. Proclamations, Awards and Presentations There were none. -~ II. 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 Del Richards spoke in opposition to the recently adopted dog ordinance stating that he had not been aware that the ordinance was being adopted, stating that the city was becoming known as a dog-unfriendly community. Stacey Lutz spoke in opposition to the recently adopted dog ordinance. Jayne Jones spoke in opposition to the recently adopted dog ordinance sharing her concerns with breed specific legislation and the financial impacts of enforcing the ordinance explaining that educating the public would have more of a positive impact. Nancy Hjelmstad spoke in opposition to the recently adopted dog ordinance stating that she had invited the City Council to her dog show to better inform them on the breed, but no one had come. She explained that she raised and bred pit bull service dogs and she disagreed with the requirements in the ordinance, sharing the benefits of ..... using pit bulls for services such as ranch dogs. She explained that she had not seen the noticing during the adoption of the ordinance, but had gone back through old newspapers and had found the notices in various sections of the paper. Andrew Hover read an article on breed specific legislation which explained that legislation should focus on irresponsible pet owners. Jose Martinez spoke in support of educating youth on the misuse of pit bulls and the need to be responsible dog owners. He stated that he believed the ordinance was harsh and he wished that the Council would reconsider it. 9231 Kathy Gotschall of Golden State American Staffordshire Terrier Club provided a letter to the Council and spoke in opposition to the recently adopted dog ordinance, sharing issues with several provisions of the ordinance. B. Annual Presentation of the Parks & Recreation Commission The presentation was given by Moe McHenry, Chair of the Commission. III. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Bracco commended the volunteers who were cleaning off the sidewalks, painting and picking up litter in the downtown areas of the city. Council Member Tucker reminded everyone about the garlic festival upcoming the following weekend, thanking everyone who volunteered at the event. Council Member Dillon recognized the Council for their participation in the new library ground breaking ceremony, and thanked everyone who had supported the bond to build the facility. MAYOR'S REPORT Mayor Pinheiro also thanked everyone for their participation with the new library. He then announced that the city was recruiting for a representative to sit on the Council on Aging Silicon Valley. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pro Tempore Bracco asked to agendize the dog ordinance again to discuss some of the concerns shared earlier in the meeting during public comment. The Council agreed 5-2 (Mayor Pinheiro and Council Member Dillon not in favor) to agendize the item under 1 hour, and asking that the staff report highlight the issues brought up during public comment. V. CONSENT CALENDAR A. Minutes of June 7, 2010 Regular Meeting B. Minutes of June 14, 2010 Special Meeting C. Minutes of June 24, 2010 Special Meeting D. Open Recruitment for one (1) Open Seat on the Bicycle Pedestrian Commission E. Open Recruitment for Four (4) Seats on the Housing Advisory Committee F. Approval of Notice of Acceptance of Completion, New Gilroy Public Library Project, Phase I, Project No.1 0-CDD-172 H. A Resolution of the City Council of the City of Gilroy Permitting the Hiring Use of Firefighters Via the California Fire Fighter Joint Apprenticeship Committee Displaced Firefighters Hiring List and Approval of the Use of Former Gilroy Paid Call Firefighters for Firefighter Hiring I. Claim of Christine Delmonico (City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) J. Claim of Kathleen Martin (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) 9232 Motion on Consent Calendar Items A. B. C. D. E. F. H. I & J Motion: to Approve Consent Calendar A, B, C, 0, E, F. H. 1& J Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano, M.D. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro G. Approval of the Write off of Uncollectible Delinquent Water and Sewer Accounts in the Amount of $60,766.18 Staff report was presented by Finance Director Turner. Motion on Consent Calendar Item G. Motion: Approval of the Write off of Uncollectible Delinquent Water and Sewer Accounts in the Amount of $60,766.18 with referral of the public record component of the discussion to the Open Government Commission. Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro The Council adjourned to the Meeting of the Board of Directors of the Gilroy Public Facilities Financing Authority The Council re-adjourned to the Regular Meeting of the Gilroy City Council. VI. BIDS AND PROPOSALS There were none. VII. PUBLIC HEARINGS A. Public Hearing to Consider a Report from the Gilroy Police Department Recommending Projects and Programs for Funding Under the 2010 Byrne Justice Assistance Grant Monies ($26,178.00) for Fiscal Year 2010/11 The staff report was presented by Police Chief Turner. The public hearing was opened. Ron Kirkish spoke in support of the program funding sharing the importance of the supported programs. The public hearing was closed. Motion on Item VILA. Motion: to Approve Projects and Programs for Funding Under the 2010 Byrne Justice Assistance Grant Monies ($26,178.00) for the 2010-2011 Fiscal Year Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro - VIII. UNFINISHED BUSINESS 1 9233 A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Chapter 3B of the Gilroy City Code Regulating Alarm Systems to Impose Fees for False Alarms There were no public comments. Motion on Item VIII.A. Motion: to Adopt Ordinance 2010-09 of the City Council of the City of Gilroy Amending Chapter 3B of the Gilroy City Code Regulating Alarm Systems to Impose Fees for False Alarms Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 5-2. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Craig Gartman; Council Member Perry Woodward B. Adoption of an Ordinance of the City Council of the City of Gilroy Adopting a New Article V of Chapter 16A of the Gilroy City Code Regulating Aggressive Solicitation of Money, Goods and Services and Regulating the Solicitation of Money, Goods and Services in Specified Locations There were no public comments. Motion on Item VIII.B. Motion: to Adopt Ordinance 2010-10 of the City Council of the City of Gilroy Adopting a New Article V of Chapter 16A of the Gilroy City Code Regulating Aggressive Solicitation of Money, Goods and Services and Regulating the Solicitation of Money, Goods and Services in Specified Locations Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob Dillon. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman C. Adoption of an Ordinance of the City Council of the City of Gilroy Approving an Application for a Change in Zoning Designation from R3-PUD (Medium Density Residential-Planned Unit Development) to R3-PUD to Remove the Estate Lot Restriction on Approximately 3.81 Acres Located at the Southwest Corner of Santa Teresa Boulevard and Hecker Pass Highway (SR152), APN 810-66-012 There were no public comments. Motion on Item VIII.C. Motion: to Adopt Ordinance 2010-11 of the City Council of the City of Gilroy Approving an Application for a Change in Zoning Designation from R3-PUD (Medium Density Residential-Planned Unit Development) to R3-PUD to Remove the Estate Lot Restriction on Approximately 3.81 Acres Located at the Southwest Corner of Santa Teresa Boulevard and Hecker Pass Highway, APN 810-66-012 Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro D. A Resolution of the City Council of the City of Gilroy Approving A1S PUD 08- 022, an Application for Architectural and Site Approval of a Skilled Nursing Facility, Ambulatory Surgery Center, and Community Garden on 3.81 Acres Located at the Southwest Corner of Hecker Pass Highway and Santa Teresa 9231 Boulevard, APN NO. 810-66-012 The staff report was presented by Senior Planner Ketchum. There were no public comments. Motion on Item VIII.D. Motion: to adopt Resolution 2010-28 of the City Council of the City of Gilroy Approving A1S PUD 08-022, an Application for Architectural and Site Approval of a Skilled Nursing Facility, Ambulatory Surgery Center, and Community Garden on 3.81 Acres Located at the Southwest Corner of Hecker Pass Highway and Santa Teresa Boulevard, APN NO. 810-66-012 Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro E. Adoption of an Ordinance of the City Council of the City of Gilroy Amending the Residential Development Ordinance ("ROO") and Adding Gilroy Zoning Ordinance Section 50.62 (b) (11) Creating a Residential Development Ordinance ("ROO") Exemption Category for Shovel-Ready Projects " There were no public comments. Motion on Item VIILE. Motion: to Adopt Ordinance 2010-12 of the City Council of the City of Gilroy Amending the Residential Development Ordinance ("ROO") and Adding Gilroy Zoning Ordinance Section 50.62 (b) (11) Creating a Residential Development Ordinance ("ROO") Exemption Category for Shovel-Ready Projects - Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5-2. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward No: Council Member Cat Tucker; Mayor AI Pinheiro F. Adoption of an Ordinance of the City Council of the City of Gilroy Approving Application Z 09-04 For a Change in Zoning Designation From R1 (Single Family Residential) to R1/PUD (Single Family Residential/Planned Unit Development) on an Approximately 4.35 Acre Site Located on Ronan Avenue at the Termini of Brazos Street and Bosque Street, ANP 790-16-231 There were no public comments. Motion on Item VIII.F. Motion: to Adopt Ordinance 2010-13 of the City Council of the City of Gilroy Approving Application Z 09-04 For a Change in Zoning Designation From R1 (Single Family Residential) to R1/PUD (Single Family Residential/Planned Unit Development) on an Approximately 4.35 Acre Site Located on Ronan Avenue at the Termini of Brazos Street and Bosque Street, ANP 790-16-231 Moved by Council Member Bob Dillon, seconded by Council Member Perry -~"'... Woodward. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro G. A Resolution of the City Council of the City of Gilroy Approving An Application for a Shovel-Ready Project Exemption From the Residential Development Ordinance, Ronan Avenue Investors, APN 790-16-231 9235 The staff report was presented by City Attorney Callon, explaining the conditions in the resolution. There were no public comments. Motion on Item VIII.G. Motion: to adopt Resolution 2010-29 of the City Council of the City of Gilroy Approving An Application for a Shovel-Ready Project Exemption From the Residential Development Ordinance, Ronan Avenue Investors, APN 790-16-231 Moved by Council Member Perry Woodward; seconded by Couincil Member Bob Dillon. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro H. A Resolution of the City Council of the City of Gilroy Approving TM 09-02 a Tentative Map to Approve a 4.35 Acre 29-lot Subdivision on Ronan Avenue, APN 790-16-231 There were no public comments Motion on Item VIII.H. Motion: to Adopt Resolution 2010-30 of the City Council of the City of Gilroy Approving TM 09-02 a Tentative Map to Approve a 4.35 Acre 29-lot Subdivision on Ronan Avenue, APN 790-16-231 Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro I. A Resolution of the City Council of the City of Gilroy Approving A1S-PUD 09- 12, an Application for Architectural and Site Approval of a 4.35-Acre, 29-Lot Subdivision on Ronan Avenue, APN, 790-16-231 There were no public comments. Motion on Item VIII.!. Motion: to Adopt Resolution 2010-31 of the City Council of the City of Gilroy Approving A1S-PUD 09-12, an Application for Architectural and Site Approval of a 4.35-Acre, 29-Lot Subdivision on Ronan Avenue, APN, 790-16-231 Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro J. An Ordinance of the City Council of the City of Gilroy Approving Application Z 07-05 for a Change in Zoning Designation from C3 and CM (Commercial Industrial) to C3/PUD (Shopping Center Commercial-Planned Unit Development) on Approximately 5.75 Acres Located at the Northeast Corner of Leavesley Road and Forest Street, APN's 835-01-050 and 835-01-064, Fresh Group Inc., c/o Tauan Chen, Applicant There were no public comments. 9236 Motion on Item VIII.J. Motion: to Adopt Ordinance 2010-14 of the City Council of the City of Gilroy Approving Application Z 07-05 for a Change in Zoning Designation from C3 and CM (Commercial Industrial) to C3/PUD (Shopping Center Commercial-Planned Unit Development) on Approximately 5.75 Acres Located at the Northeast Corner of Leavesley Road and Forest Street, APN's 835-01-050 and 835-01-064 Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward No: Mayor AI Pinheiro K. A Resolution of the City Council of the City of Gilroy Approving A1S 08-01, an Application for Architectural and Site Approval of a Hotel and Restaurant Complex on a 5.75 Acre Property at the Northeast Corner of Leavesley Road and Forest Street, APNs 835-01-050 and 835-01-064; Fresh Group Inc., c/o Tauan Chen, Applicant Public comment was opened. Applicant James Suner presented the Council with revised elevation designs, sharing the changes as requested by Council. Public comment was closed. Motion on Item VIII.K. Motion: to Adopt Resolution 2010-32 of the City Council of the City of Gilroy Approving A1S 08-01, an Application for Architectural and Site Approval of a Hotel and Restaurant Complex on a 5.75 Acre Property at the Northeast Corner of Leavesley Road and Forest Street, APNs 835-01-050 and 835-01-064 Moved by Council Member Peter Arellano, M.D., seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro -- L. Cultural Arts Center Demonstration Garden Fence Request The staff report was presented by Development Center Manager Abrams. Public comment was opened. A member of Leadership Gilroy stated that the organization would not be continuing to fundraise for the garden, explaining that another organization other than Leadership Gilroy would need to do so. Mark Turner member of Leadership Gilroy class 2010 spoke on the agreement between the Gilroy Arts Alliance and Judy Hess. He then spoke on the ability for class members to continue with the project on their own and explained that the class had provided the city with 8 bids, and their preferred design, but the information had not made it to the Council. ~ ...~ Judy Hess spoke on her agreement with the Gilroy Arts Alliance for the maintenance of the demonstration garden. A member of Leadership Gilroy 2010 spoke on the need to complete their project during their year in the class, and the commitment to continue with the project afterwards. 9,237 Public comment was closed. Motion on Item VIII.L. Motion: direction to staff to acquire 3 bids with a description of the fencing and bring the item back for Council approval. Moved by Mayor AI Pinheiro; seconded by Council Member Cat Tucker Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro No: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Perry Woodward IX. INTRODUCTION OF NEW BUSINESS Council recessed at 9:40 p.m. for 5 minutes. Council Member Arellano left the meeting at 9:40 p.m. The Council returned to open session at 9:45 p.m. A. Parking Survey for the Civic Center Master Plan, New Library Phase The staff report was presented by City Engineer Smelser. There were no public comments. Council agreed to hold on the continued discussion of the item after they had held the closed session. B. Settlement Agreement with Charter Communications for Unfulfilled Contract Agreement Provisions The staff report was presented by Public Information Officer Kline. There were no public comments. Motion on Item IX.B. Motion: to approve Settlement Agreement with Charter Communications for Unfulfilled Contract Agreement Provisions Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 6-0-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D. C. Residential Development Housing Exemption Request for 51 Units Under Section 50.62 (b) (11) of the Gilroy Zoning Code for a Project Located at 9135 Monterey Road Zoned C1 (Neighborhood Commercial), and NO (Neighborhood District), ROO-HE 10-03, The James Group c/o James Suner, Applicant .4 The staff report was presented by Senior Planner Ketchum. Public comment was opened. Applicant James Suner spoke on the project sharing a PowerPoint of the proposal. Public comment was closed. 9258 Motion on Item IX.C. Motion: to Direct Staff to Prepare a Resolution Approving ROO-HE 10-03 Residential Development Housing Exemption with additional recommendation Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Perry Woodward. Vote: Motion carried 5-1-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Cat Tucker Absent: Council Member Peter Arellano, M.D. D. Appeal of the Denial of a Request for City Records Filed with the City on February 4,2010 and April 9, 2010 Respectively, for Police Department 911 Recordings from an Incident Involving a Pit Bull Attack on Wednesday, February 24, 2010 The staff report was presented by City Attorney Callon and Police Chief Turner. Public comment was opened. Appellant, Jonathan Partridge of the Gilroy Dispatch shared the detail of becoming informed of the situation of the Police Department's denial of response to the call by the caller and the paper's interest in accountability. Public comment was closed. The Council voted to continue the meeting past 11 :00 p.m. with a 6-0-1 vote (Absent: Council Member Peter Arellano, M.D.) Motion on Item IX.D Motion: to direct staff to release a transcript of the 911 recording, with required redactions as required by law, and provide the transcript on the city website; allow the Dispatch Newspaper to go in to listen to the raw tape. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 5-1-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward No: Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D. '{'>.~"":""IIl! E. Concession Agreement and Associated Resolutions Between the City of Gilroy and the Gilroy Firefighters Association, IAFF Local 2805 The staff report was presented by Human Resources Director McPhillips. There were no public comments Motion on Item IX.E. Motion: to Adopt Resolution 2010-33 of the City Council of the City of Gilroy Approving an Agreement Between the City of Gilroy and the Gilroy Firefighters ....... Association, Local 2805, Containing Agreed Upon Salary and Benefit Conditions Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5-1-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman Absent: Council Member Peter Arellano, M.D. -,- 9239 Second Motion on Item IX.E. Motion: to Adopt Resolution 2010-34 of the City Council of the City of Gilroy Discontinuing Payment and Reporting of the Employer Paid Member Contribution to CalPERS for IAFF, Local 2805 Employees Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 5-1-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman Absent: Council Member Peter Arellano, M.D. Third Motion on Item IX.E. Motion: to Adopt Resolution 2010-35 of the City Council of the City of Gilroy Establishing the Salary Schedules for the Fire, IAFF Local 2805 Employees, Effective July 1, 2010 to June 30, 2013 Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 5-1-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman Absent: Council Member Peter Arellano, M.D. Fourth Motion on Item IX.E. Motion: to Adopt Resolution 2010-36 of the City Council of the City of Gilroy to Tax Defer Member Paid Contributions - IRC 414 (h) (2) for IAFF, Local 2805 Employees Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 5-1-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman Absent: Council Member Peter Arellano, M.D. F. Online Utility Billing Options The staff report was presented by Finance Director Turner. There were no public comments. The Council gave direction to staff to get additional information from the City of Morgan Hill as well as provide additional information on the number of customers utilizing direct bank payment processes. G. Response to 2009/2010 Santa Clara County Civil Grand Jury Report The staff report was presented by Human Resources Director McPhillips. There were no public comments. Motion on Item IX.G. Motion: to Approve Response to 2009/2010 Santa Clara County Civil Grand Jury Report Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6-0-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent: Council Member Peter Arellano, M.D. X. CITY ADMINISTRATOR'S REPORTS 9240 There were none. XL CITY ATTORNEY'S REPORTS There were none. XII. CLOSED SESSION Council Member Gartman did not participate in closed session stating that he was concerned with the skype connection not being secure enough to participate in the closed session discussions. " A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR; 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, City Engineer; Under Negotiations: Price and Terms of Payment B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT; Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5); Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers; City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Denise Turner, Police Chief, Scot Smithee, Police Captain; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; There were no public comments. The Council adjourned to closed session at 11 :55 p.m.