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Minutes 2007/10/15 City Clerk's Freels stated that the agenda had been posted on October 10,2007 at 12:00 noon and the revised agenda was posted on October 12, 2007 at 11 :30 a.m. Mayor Pinheiro stated that there were no closed session announcements. Closed Session Announcement Father Joseph of Saint Mary's church gave the invocation. Mayor Pinheiro led the Pledge of Allegiance to the flag. A. Call to Order Mayor Pinheiro called the meeting to order at 7:06 p.m. I. OPENING II. ADJOURN to Open Session. The City Council adjourned into open session at 7:05 p.m. The City Council went into Closed Session at 6:30 p.m. I. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 Agency Negotiators: LeeAnn McPhillips, Anna Jatczak, Dale Foster, and Ed Bozzo Employee Organization: IAFF, Local 2805 (Fire Employees) City of Gilroy City Council Minutes Mondav. October 15.2007 Special Meetin2IRee:ular Meetine: 8723 872~ Roll Call Present: Mayor AI Pinheiro, Council Member Peter Arellano, Council Member Dion Bracco, Council Member Paul Correa, Council Member Craig Gartman, Council Member Russ Valiquette, Council Member Roland Velasco. B. Orders of the Day Mayor Pinheiro announced that item VI. A. had an added exhibit A, item VI.B. had an addition of the ordinance as seen at introduction at the previous meeting, and items VII. D. and VII. E. needed to be reversed. C. Introductions Introduction of New Employees: Building Department Manager Abrams introduced Michael Machado, Building Field Services Manager, Community Development City Clerk Freels introduced Janette Judd, Office Assistant 1, in the City Clerks Office. Police Captain Moore introduced Dawn Drown-Delfino, Police Officer. Introduction of Promoted Employees: Fire Chief Foster introduced Cliff Colyer, promoted Fire Engineer, Mike Botill, promoted Fire Engineer and Jim Buessing, promoted Fire Engineer. D. Presentations & Proclamations Shannon Dinis, Area Coordinator and Allan Thompson, Treasurer of South County Santa Clara County Firesafe Council presented the Hazardous Fuel Reduction Chipping program. Mayor Pinheiro presented a proclamation to Cal Fire Chief Ellis thanking Cal Fire for their efforts fighting the Lick Fire. Mayor Pinheiro presented a proclamation naming Fire Safe Week October 7 - 13,2007 to Yvette Phillips of the Fire Department. Mayor Pinheiro presented a proclamation naming November 14, 2007 as Wodd Diabetes Day to Council Member Correa on behalf of Richard Alejandro, Santa Clara County Chapter Executive Director of the American Diabetes Association. Mayor Pinheiro presented Police Captain Moore and Community Serivces Officer Rachel Munoz with a proclamation naming October 2007 as Crime Prevention Month Mayor Pinheiro preseneted the Volunteers of the Month A wards for October 2007 to Neighborhood Watch Leaders: Curt Goris, Norma Heinrichs, Janet Dunn, Betty Siemer, Art Barron, Daniel Chavez, Maria De Los Angeles, Teresa Hypes, Dennis Grundhoefer, Stacey Poso, Sharon Root, Adela Arias, Edna Holcomb, William Parton, Carol Ferraro, Mike Stromecki, Darlene Miller, Rose Mary Ledon, Bob & Sue Baker, Eugene Elliot, Rudy Perez, Marvin Thomas, Julia Loera, Joe Charles, Mary Jackson, Maria Ortega, Bruce Haller and Conrad Lather Mayor Pinheiro presented a certificate of recognition from Assembly Member Anna Caballero's office to Wienerschnitzel owner Bruce Haller and his staff for their contributions to the Neighborhood Crime Watch Team. Mayor Pinheiro presented the Team of the Month Award for October 2007 to IT members: David Chulick, Dwane Camp, Gregory Y oneda, Martin Quiroz, Rebecca Jansky and Steve Baty Mayor Pinheiro presented the Employee of the Month Award for October 2007 to Gloria Gilleland, Permit Technician, Community Development Department. Mayor Pinheiro presented the Volunteer of the Month Award for July, 2007 to Marian Niijyama, Gilroy Museum Volunteer. 8725 Mayor Pinheiro presented the Volunteers of the Month A ward for August, 2007 to John Donahoe and Dennis Lalor, Housing Advisory Committee Volunteers. Mayor Pinheiro presented the Volunteers of the Month Award for September, 2007 to the Adaptive Program Volunteers: Cindy Munoz, Marilyn Host, Carol Friis, Isabel Jewell, Diego Guerrero and Rose Guerrero II. PUBIC COMMENT A. BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL. Dana Wolfe spoke on the Westfield proposal stating that the land should be left as farm land and suggesting that the proposed project be built in the downtown. She explained that she had a petition that was being circulated in support of building the Westfield mall downtown explaining that the City center would flourish. Mayor Pinheiro explained that there was an upcoming study session on the Westfield proposal on October 22nd. Carolyn Tognetti, representative of Save Open Space, presented that City Council with a letter that had been written to the Council on May 4, 2006 in reference to Council straw votes along with a response letter from Jolie Houston, the Assistant City Attorney on May 12, 2006. She read an excerpt from the response letter and referred to the July 20, 2007 City Council Policy Summit explaining that the thumbs up, thumbs down votes were being taken on important issues at un- televised meetings without formal minutes being taken She spoke in objection to the Westfield project proceeding without having been addressed in open meetings and in objection to a City staff member being paid by the Westfield Corporation. III. CONSENT CALENDAR Motion was made by Council Member Bracco, Seconded by Council Member Arellano and carried with a 7-0 vote to approve the consent agenda. A. Minutes of September 10,2007, September 17,2007 and October 1,2007 Regular City Council Meetings B. Resolution 2007-81 of the City Council of the City of Gilroy releasing unclaimed checks to the City of Gilroy, pursuant to California Government Code Section 50053 C. Resolution 2007-82 of the City Council of the City of Gilroy releasing unclaimed checks to the City of Gilroy, pursuant to California Government Code Section 50055 D. Claims of Thomas Hughes and Russell Spencer (City Administrator recommends a ''yes'' vote under the Consent Calendar shall constitute denial of claims.) IV. BIDS AND PROPOSALS There were no bids and proposals v. PUBLIC HEARINGS There were no public hearing items. VI. UNFINISHED BUSINESS A. An Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Section 7.4.1, modifying the boundaries ofthe zero fee area (as defined by exhibit "A") and providing that certain fees and costs charged to development projects in the zero fee area are eliminated until December 31,2009. (Introduced 10/01107 with a 5-1-1 vote, Council Member Gartman voting no and Council Member Correa absent) Council Member Correa stated that he had reviewed the previous meeting and read the minutes and would be voting on the item. The staff report was presented by Assistant City Administrator Jatczak. 8726 Motion on Item VI. A. Motion was made by Council Member Arellano, seconded by Council Member Bracco and carried (Council Member Gartman voting no) to adopt Ordinance 2007-17 of the City Council of the City of Gilroy Amending Gilroy City Code Section 7.4.1, modifying the Boundaries of the zero fee area (as defined by exhibit "A") and providing that certain fees and costs charged to development projects in the zero fee area are eliminated until December 31, 2009. B. An Ordinance of the City Council of the City of Gilroy approving application Z 05-11, for a change in zoning designation from commercial industrial (CM) to downtown expansion district (DED) on approximately 6.29 acres located at 200 E. Tenth Street, APN's 841-16-029, 841-16-061 and 841-16-004.Ysidro Square, applicant (c/o Tony Sudol), Z 05-11. (public Hearing held 9/17/07, Ordinance introduced 10/01/07 with a 5- 0-2 vote, Council Members Correa and Bracco absent) Council Member Bracco recused himself stating that he owned property within proximity to the project, and left the dais. Council Member Correa explained that he had reviewed the previous meeting and read the minutes and would be voting on the item. The staff report was presented by Assistant City Administrator Jatczak. Motion on Item VI. B. Motion was made by Council Member Arellano, seconded by Council Member Correa and carried (Council Member Bracco absent) to adopt Ordinance 2007-18 approving Z 05-11, for a change in zoning designation from commercial industrial (CM) to downtown expansion district (DED) on approximately 6.29 acres located at 200 E. Tenth Street, APN's 841-16-029,841-16-061 and 841-16-OO4.Ysidro Square, applicant (c/o Tony Sudol), Z 05-11. Council Member Bracco returned to the dais. C. An Ordinance of the City of Gilroy amending Gilroy Zoning Ordinance Sections 11.13 and 39.30 relating to the City of Gilroy's accessory dwelling unit provisions. (public Hearing held 9/1712007, Ordinance introduced 10/1/2007 with a 6-0-1 vote, Council Member Correa absent) Council Member Correa stated that he was ready to vote on the item. The staff report was presented by Assistant City Administrator Jatczak. Motion on Item VI. C. Motion was made by Council Member Bracco, seconded by Council Member Correa and carried to adopt an Ordinance 2007-19 amending the Gilroy Zoning Ordinance Sections 11.13 and 39.30 relating to the City of Gilroy's accessory dwelling unit provisions. Z 07-02, the City of Gilroy applicant. D. An Ordinance amending the Gilroy City Code by adding a new Article V regarding the creation of a construction and demolition debris diversion program and the requirement to submit and comply with a waste management plan (WMP) for certain construction, demolition and renovation projects within the City.(Introduced 10/1/2007 with a 6-0-1 vote, Council Member Correa absent) Council Member Correa stated that he was ready to vote on the item. The staff report was presented by Assistant City Administrator Jatczak. Motion on Item VI. D. Motion was made by Council Member Valiquette, seconded by Council Member Arellano and carried to adopt Ordinance 2007-20 amending the Gilroy City Code by adding a new Article V regarding the creation of a construction and demolition debris diversion program and the requirement to submit and comply with a waste management plan (WMP) for certain construction, demolition and renovation projects within the City. 8727 VII. INTRODUCTION OF NEW BUSINESS A. Approval of AFSCME (General and Supervisory) Memorandums of Understanding and approval of Related Salary Resolutions establishing the salary schedules for the AFSCME Supervisory and General Unit employees for the time period of July 1,2007 through June 30,2010. The staff report was presented by Assistant City Administrator Jatczak. Motion on Item VII. A Motion was made by Council Member Valiquette, seconded by Council Member Bracco and carried to adopt Resolution 2007-76 establishing the salary schedules for the AFSCME Supervisory Unit employees for the time period of July 1,2007 through June 30, 2010. Motion was made by Council Member Correa, seconded by Council Member Valiquette and carried to Adopt Resolution 2007-77 establishing the salary schedules for the AFSCME General Unit employees for the period of July 1,2007 through June 30, 2010 B. A Resolution establishing the salary schedules for the part time employees for the time period of July 1,2007 through June 30, 2010 Council Member Bracco recused himself explaining that his wife was a City part time employee, and left the dais. The staff report was presented by Assistant City Administrator Jatczak. Motion on Item VII. B. Motion was made by Council Member Gartman, seconded by Council Member Valiquette and carried to Adopt Resolution 2007-78 establishing the salary schedules for the part time employees for the period of July 1, 2007 through June 30, 2010. C. Consideration of the Appointment of Housing Advisory Committee Members Art Barron, Jim Rogers, Dennis Lalor, Ted Becker, Mary Ellison, John Donahoe and Michael McDermott to terms expiring September 30, 2009 The staff report was presented by Assistant City Administrator Jatczak. Motion on Item VII. C. Motion was made by Council Member Correa, seconded by Council Member Arellano and carried to appoint Art Barron, Jim Rogers, Dennis Lalor, Ted Becker, Mary Ellison, John Donahoe and Michael McDermott as Housing Advisory Committee Memben. D. A Resolution for the application to the State of California Department of Housing and Community Development for Building Equity and Growth Neighborhoods Program funds. Mayor Pinheiro recused himself from voting on items VII. D and VII. E., explaining that South County Housing had been a client of his in the past. He then left the Council Chambers. The staff report was presented by Assistant City Administrator Jatczak. Motion on Item VII. D. Motion was made by Council Member Correa, seconded by Council Member Arellano and carried (Mayor Pinheiro absent) to approve a Resolution authorizing the City Administrator to submit an application of the California State Department of Housing and Community Development for funding under the "BEGIN" program and to execute all documents. E. A Resolution authorizing the City Administrator to apply for CalHF A residential development loan program funds as well as execute related agreements. The staff report was presented by Assistant City Administrator Jatczak. Council Member Arellano asked what collateral would be left if the land was developed and the homes were sold. 8728 Nancy Moore-Wright explained that the loan was paid back to the State by the time the homes were sold Housing and Community Development Director Roaf explained that the City would have the deed against the land if they were not sold. Motion on Item VII. E. Motion was made by Council Member Correa, seconded by Council Member Valiquette and carried (Mayor Pinheiro absent) to approve Resolution 2007-80 authorizing the City Administrator to apply for CalHF A Residential development loan program funds as well as execute related agreements F. Adoption of a development plan and schedule for the Sewer System Management Plan The staff report was presented by Assistant City Administrator Jatczak. Council Member Arellano asked why the report stated that the city had no inventory of equipment. Engineer II Dutra stated that it was a miss statement in the report. Mayor Pinheiro asked Council Member Arellano if he wanted staff to take the report back to the consultant for clarification. Council Member Arellano stated that the report should have the correct information in it. Assistant City Administrator Jatczak stated that the recommendation was for one list, explaining that there were several lists in the various departments that were to be put in one list. She then explained that there was a deadline for the establishment of the plan. Council Member Arellano asked that the report be corrected so that it didn't state that there was no inventory at all. Motion on Item VII. F. Motion was made by Council Member Valiquette, seconded by Council Member Gartman and carried to adopt the development plan and schedule for the Sewer System Management Plan VIII. ASSISTANT CITY ADMINISTRATOR'S REPORTS There was no report. IX. CITY ATTORNEY'S REPORTS City Attorney Callon clarified for the Dispatch and the public that the City Council had not adopted a sidewalk Ordinance that transferred liability to neighboring property owners. She explained that the Council had introduced a proposed Ordinance in August and had not adopted it at the following meeting because the Council wanted to see revisions made to it. She stated that the Ordinance would come back to the Council at the November 5, 2007 meeting. She then commented that she would be on vacation for the next few weeks and Acting City Attorney Andy Faber would be available along with Assistant City Attorney Jolie Houston. x. REPORTS OF COUNCIL MEMBERS Council Member Arellano stated that he was happy to see that the City had recognized National Diabetes Day as it was important to bring it to the attention of the public. He then spoke on the Victory Outreach march against gangs and violence. Council Member Bracco invited the community out to the Gilroy High School to the presentation by Donnie Morton on the following Wednesday. 8729 XI. MAYOR'S REPORT Mayor Pinheiro shared the plaque that had been presented to the City of Gilroy by Victory Outreach during the Stop the Violence and Drugs march and rally He then spoke on the Dispatch public records request of the draft Police Department staffmg study explaining that he had asked the City Attorney's office to wait on responding to the draft study to give the City Council the opportunity to discuss the request. He spoke on a the survey of City Clerk's Association of California explaining that majority of Cities did not release draft studies. City Attorney Callon asked if the Mayor was referring to the specific study or a general policy. Mayor Pinheiro explained that he was speaking specifically about the public records request from the Dispatch for the draft Matrix staffing study of the police department. Council Member Bracco asked if it was normal for a request to go to the Mayor. Mayor Pinheiro stated that they had decided to request the document from the Mayor explaining that it wasn't the issue of who the request had been sent to as he would forward it on to the City Attorney's office regardless. Council Member Bracco explained that the City procedure was being followed explaining that he didn't think a incomplete report should be released. He shared the process in the private sector explaining that consultants drafted studies and worked with the business owner to come up with a plan for recommendation. He stated that the City should keep the normal policy of not releasing drafts, explaining that the staff of the Police Department were best qualified to work with the recommendations. Council Member Correa stated that he agreed with Council Member Bracco explaining that the draft would not be complete. Council Member Arellano asked if the Mayor was asking the Council if they wanted the report released. City Attorney Callon explained that the City Attorney's office would not release the document unless there was other direction from the City Council to do so, as it was not a requirement to release a draft document under the Public Records Act. Mayor Pinheiro explained that the community had been told that the public was having information withheld from them. He shared the email from Council Member Gartman suggesting that the document be released to the newspaper, explaining that once the document was released to a majority of the Council, it became a public record. He stated that the Council direction to staff had always been to air on the side of transparency. He suggested that the City Council release the draft study at the same time that the fmal version was released to the Council for full disclosure of both documents. He explained that he was speaking specifically to the request for the staffing study, stating that the Council could look at the policy as a whole in the future. Council Member Velasco asked if there was only one draft version of the document. Assistant City Administrator Jatczak explained that the city was on draft #3, explaining that as the drafts came before staff, changes were made to the original document. She then explained that draft #3 would be released with the final version if the Council decided to do so. All of the Council Members agreed with Mayor Pinheiro's suggestion of releasing the draft study in tandem with the final version. City Attorney Callon asked when the draft would be released. Mayor Pinheiro explained that the draft would be released at the same time that the final version would be released. Assistant City Administrator Jatczak explained that the documents would probably be released prior to the policy summit as they were large documents. 8730 Mayor Pinheiro agreed explaining that the newspaper and the public would have access to both the draft and the final version the week prior to the policy summit, when it was provided to the City Council. He then spoke on the opening on the Santa Clara County Expressway Planning Study Policy Advisory Board and asked for a volunteer to represent the City. Council Member Arellano accepted the offer to sit on the board. Council Member Arellano then spoke on the comments from Carolyn Tognetti asking if the Council could start televising the study sessions and taking notes of the meetings. Mayor Pinheiro explained that notes were taken for the Council of all study sessions and all of the study sessions were noticed. He suggested adding the suggestion of televising the study sessions to the January policy summit agenda. Council Member Arellano stated that it was easy to review the video streaming of the meetings on the internet when they were televised. He then agreed with the suggestion to talk about the issue at the January policy summit. The meeting adjourned at 9:06 p.m. ! I lJ / /1- I I /- .--( 'I Iii I //") . .//(J!i Jllt::---Vlt&^-J SlciWiia Freels, CM&'1 City Clerk / !