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Minutes 2008/06/16 8856 City of Gilroy City Council Minutes Monday, June 16, 2008 I. OPENING The Mayor called the meeting to order at 7:02 p.m. The Pledge of Allegiance was led by Boy Scout Troop #711 The Invocation was given by Tim Howe of First Baptist Church. City Clerk Freels reported that the agenda had been posted on June 11, 2008 at 5 p.m. and the revised agenda had been posted on June 12, 2008 at 10:00 a.m. Roll Call Present: Council Member Peter Arellano, Council Member Dion Bracco, Council Member Bob Dillon, Council Member Cat Tucker, Council Member Perry Woodward and Mayor AI Pinheiro B. Orders of the Day Mayor Pinheiro announced that Council Member Gartman had requested that Item VII.C. be moved up on the agenda prior to item V.C. D. Presentations & Proclamations Mayor Pinheiro gave a presentation of a letter of congratulations to Vincent Moreschini in honor of his achievement of the Boy Scout Eagle Scout Award. Mayor Pinheiro presented the Employee of the Month Award for April, 2008 to Paula Soto. Mayor Pinheiro presented the Employee of the Month Award for May, 2008 to John Garcia. Mayor Pinheiro presented the Team of the Month Award for May, 2008 to Kelsey Ashford, Joe Barrientez, Rick Brandini, Lupe Gomez, Lupe Gutierrez, Joe Hernandez, Jose Muniz, Chris Orr, Lupe Perez, Toby Reyes, Junior Salinas, Jon Shoutz, Keith Spencer and Jim Trujillo Mayor Pinheiro presented the Team of the Month Award for June, 2008 to David Chulick, Heather Cooper, Angie Guerra, Rebecca Jansky, Joe Kline, Judy Mireles- Janisch, Sandra Sammut and Veronica Torrez The annual presentation of the Library Commission was presented by Phyllis Armenta. II. PRESENTATIONS A. BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL. There were no comments on items not on the agenda. III. CONSENT CALENDAR A. Minutes of the June 2, 2008 Regular City Council Meeting B. Letters in support of the Renewable Energy and Job Creation Act of 2008 (H.R. 6049) D. Claim of Keegan Dahm (City Administrator recommends a "yes" vote under the 8857 consent calendar shall constitute the denial of claim) E. Claim of C.C. Hutchinson (City Administrator recommends a "yes" vote under the consent calendar shall constitute the denial of claim) F. Claim of Geraldine, Priscilla & Miguel Maldonado (City Administrator recommends a "yes" vote under the consent calendar shall constitute the denial of claim) Motion on Consent Items A, B, 0, E & F Motion was made by Council Member Bracco, seconded by Council Member Arellano and carried to approve consent agenda item A, B, 0, E & F. C. Request for the Approval of a Travelin~ Tent Family Circus Show by Circo Hermanos Caballero to be held July 4t through July 8th, 2008 at the Former Wal-Mart Parking Lot at 7900 Arroyo Circle, Gilroy Mayor Pinheiro explained that there was a change of the date for item III.C. stating that the event was moving to July 18th to July 220d. He then explained that he had asked staff to review the level of insurance coverage required for the event. Assistant City Administrator Jatczak stated that she had discussed the requirements with the City's Risk Manager, LeeAnn McPhillips and she had explained that she was comfortable with the $1 million in coverage as the event was not being held on City property . Motion on Item III.C. Motion was made by Council Member Bracco, seconded by Council Member Arellano to accept the date change and approve the item. The motion carried with a 6-1 vote (Mayor Pinheiro voting no) IV. BIDS AND PROPOSALS A. Consideration of a Bid for the Traffic Signal Modification at Tenth Street and Church Street, Project No. 09-CDD-159 to be Awarded to Wattis Construction in the Amount of $457,590.90 Engineer II Dey presented the staff report. Council Member Arellano asked if stripping for bicycle lanes would be done in a dashed line. Engineer II Dey explained that where there would be the dashed line 200 feet from the intersection explaining that in other intersections it wasn't always possible to stripe with the dashed bicycle lanes due to the lack of space. Council Member Dillon spoke on the bid for the project asking if there was a break in construction prices. Engineer II Dey agreed explaining that contractors were a bit more competitive but the increase of gas and oil prices could have an affect on future projects. Mayor Pinheiro asked if the intersection would have the APS for the crosswalk. Engineer II Dey stated that it would. Mayor Pinheiro spoke on gap on the corner and going north on Church and asked if there was no sidewalk on 10th Street. Engineer II Dey stated that they were trying to stretch the funds as much as possible. Mayor Pinheiro stated that there was only $30,000 to use for gap closure asking if Engineer Dey knew amount of money used for the other side of the sidewalk. 8858 Engineer II Dey stated that there was no monies to begin with and agreed that there had been $30,000 for sidewalk gap closure. He then stated that he did not know the costs for the other sidewalk work. Mayor Pinheiro stated that there would be additional funds coming with the fiscal year and asked if the monies were already committed to gap work. Engineer Dey stated that it was committed for gap closure work. Mayor Pinheiro asked why more land was not purchased for the corner on 10th as it was a very tight corner. Engineer Dey explained that the re-working of the intersection would allow for more physical room for the turn. Mayor Pinheiro asked if there were enough funds left for the repair of sidewalks going east and west. Engineer Dey stated that the money could be used for sidewalks but there had only been $560,000 in the identified funds. Mayor Pinheiro asked if there would not have been enough monies if the estimates had come in higher. Engineer Dey explained that there were soft costs such as design support and contingency that were estimated. Public comment was opened. Walter Schinke thanked the City Council for including the APS at the intersection sharing the safety needs for the visually impaired. He then suggested that the Council attempt to cross an intersection with their eyes closed without the APS in place and stated that every intersection that was being redesigned have APS installed. He spoke on the need for APS on Wren and Third Streets. Public comment was closed. Motion on Item IV.A. Motion was made by Council Member Dillon, seconded by Council Member Woodward to approve the item. Mayor Pinheiro suggested that the corner sidewalk be completed at the same time the intersection work was being done asking if sidewalk funds could be used for the addition to the project. He explained that there were high school students that went through the intersection and suggested that the contractor could add the section of sidewalk to his bid. City Administrator Haglund stated that there would be an economy of scale for the addition of the sidewalk work and suggested that funds would need to be determined to fund it. Mayor Pinheiro ~U9ge't~d thal ~t~ff IQo~ ~t lh~ ~bi'ity to funq the iiQqjtlonal r~p,,'r if th~ Council agreed to the additional work. He then asked that the motion include the repair of the corner sidewalk. Council Members Woodward and Dillon agreed to the amendment. Continued Motion on Item IV.A. Amended as Motion to approve the item and direct staff to identify a way to get the corner sidewalk repaired at the same time was carried. B. Consideration of a Proposal for the Library Electoral Clmpaign Services Consultant Selection Request for Proposal # 08-RFP-CDD-3~8 to be Awarded 8859 to the Lew Edwards Group in the Amount of $68,500 Assistant City Administrator Jatczak presented the item. Council Member Woodward asked if the monies would come from the general fund. Assistant City Administrator Jatczak stated that the monies would come out of the 440 public facilities fund. Motion on Item IV.B. Motion was made by Council Member Dillon, seconded by Council Member Tucker to approve the item. Council Member Woodward stated that he was in support of the ballot measure, but he did not believe the City funds should be used for the consultant services as they were proposing advocacy such as a campaign consultant would. Council Member Gartman agreed that the City funds should not be used for the consultant stating that there was a better use for the monies and the City could do a better job than the consultants. Continued Motion on Item IV.B. The motion carried (Council Members Gartman and Woodward voting no) V. PUBLIC HEARINGS A. A Public Hearing to Consider the Annual Destruction and/or Removal of Weeds and Refuse Constituting a Public Nuisance in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy City Code (continued from June 2, 2008 with a 6-0-1 vote. Council Member Dillon absent) The staff report was presented by Fire Marshal Bretschneider. Mayor Pinheiro asked if the estimate to abate the properties was approximately $1,400. Fire Marshal Bretschneider agreed. The Public Hearing was opened. There being no comment the public hearing was closed. Motion on Item V.A. Motion was made by Council Member Dillon, seconded by Council Member Woodward and carried to adopt Resolution 2008-23 of the City Council of the City of Gilroy Ordering the Fire Chief to Abate the Nuisance Arising out of Weeds Growing and Refuse Accumulating upon Property in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy City Code. B. Public Hearing to Consider the Revision and Adjustments of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy The staff report was presented by Community Services Director Andrade-Wax. Council Member Tucker asked if the agreement with South Valley Disposal stipulated that the City paid 70% of the consumer and had to accept the increase. Community Services Director Andrade-Wax agreed explaining that if 51% of the City residential and commercial customers did not agree with the increase then the City would not be required to accept it. Council Member Bracco asked if the determination for the increase included the recent increase to the price for diesel. 8860 Community Services Director Andrade-Wax explained that the information was from December of 2007 and did not include the increase in diesel fuel. Phil of South Valley Disposal and Recycling explained the calendar December to December bureau of labor statistics index was used for the increase. Council Member Bracco asked if they could return for an additional increase if the index did not cover the actual costs. Phil explained that they could not come back until the next year and the contract with the City would not expire until 2017. Mayor Pinheiro spoke on his recent meeting with Phil and the increase for recycle and shared his conversations regarding the street sweeping program explaining that South Valley Disposal would be returning with a presentation of the program. The Public Hearing was opened. There being no public comment the Public Hearing was closed. Council Member Bracco spoke on the increase of diesel fuel. Motion on Item V.B. Motion was made by Council Member Bracco, seconded by Dillon and carried to adopt Resolution 2008-24 Revising and Adjusting the Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy Item VII. C. City Council Direction on How to Fund the Repair of Sidewalks by December, 2009 City Administrator Haglund presented the item. Council Member Gartman share the 3 options he was proposing for the funding of sidewalk repair explaining that two of the plans completed the repair of sidewalk in 2 years and the other would complete them in 3 years. He explained that he was attempting to find a way to get a program in place that would empower the community members to have ownership and hire contractors with reimbursement by the City, or for those who did not want to go through the contractor selection and reimbursement program, their sidewalks would be repaired through the City based on severity. He then spoke on the possibility of completion within 2 years if possible explaining that he had determined various options of funding from the Capital Improvement Budget. Council Member Woodward shared his concerns with people being reimbursed through the City as it could be difficult for some people who were not in the financial position to do so. Council Member Gartman explained that he had suggested two options for those who could not fund the project themselves and would be able to go directly through the City for repair. Council Member Dillon spoke on the $1 millicm !n funcjs. in the $jq~wal~ funQ put in pl~ce to' geherate' I rite resffo r ttie repair program explaining that the $1 million could be used. He then stated that $455,000 was already allocated for sidewalk repair in the 2008/2009 budget and he believed 2 years was feasible. Council Member Tucker explained that sidewalk repair was a tough topic for many years and she believed that the City should take 100% responsibility to the repair. She shared her belief that a comprehensive plan with preventative measures be put in place and possible zoning ordinance changes. She spoke on considering the first year and need to look at the funds that could be borrowed from for the repair. She suggested that a focused area be started on first and she believed staff should do some research on the funding options for future repair and preventative measures. 8861 Council Member Bracco spoke on a conversation with a contractor explaining that the city would need to go through the competitive bid process and then shared his research on the costs for concrete and the costs for the bid process and curb and gutter, explaining that the city faced somewhere near $15 million for complete repair. He shared the City of Oakland's issues with sidewalk repair and explained that he did not think throwing money at the sidewalks was not enough and a plan needed to be put in place to be successful. He explained that concrete in some areas of the City was over 100 years old and a far reaching plan needed to be put in place. He explained that developers had planted trees without irrigation systems and he felt the staff presented 80/20 plan was a good alternative. Mayor Pinheiro explained that all of the members of the Council wanted to see the sidewalks repaired and he believed if they put their heads together towards the common goal they would be successful. He spoke on the funding needs for the plan and agreed that a long-range plan would need to be put in place. He spoke on the $1 million funding mechanism for long-term planning for sidewalk repair and spoke on implementing the ADA sidewalk ramps and need for sidewalk gap closure. He stated that the plan would need to be a long-term comprehensive plan and he spoke on the discussions during the purchase of Gilroy Gardens on the identification of funding for the cultural center and library expansion. He then stated that the Council had not returned to discuss these issues and he was asking the Council to consider Council Member Gartman's proposal and also give the public the ability to use the 80/20 plan until a fully comprehensive maintenance and repair program was presented. Council Member Woodward spoke on the common interest in repairing of the sidewalks and the differences in the costs quoted for the repair and duration of time to complete the work. Motion on Item VII.C. Motion was made by Council Member Woodward to continue discussions and postpone making any decisions and ask staff to return in a month with a comprehensive plan to fix the sidewalks by December 2012, 100% city paid with the projected cost and feasibility of doing so. The motion died for lack of a second. City Administrator Haglund explained that an updated survey would be needed and the elements of the plan would need to be determined such as 100% City paid repair. He then explained that a definition to the process would need to be determined with a refunded plan or a City plan. He spoke on the fiduciary responsibilities of the City and the Council such as following the governmental accounting standards with a reimbursement program. He explained that 1 month would not be enough time for a comprehensive plan but with the adoption of the budget, there would be continued repair and staff could come back with a more comprehensive and aggressive plan as suggested by members of Council. He explained that the focused areas could be repaired as presented by staff of 100% sidewalk repair which would begin work in July. He then explained that a 1 month turn around in time was not sufficient to find additional monies and determination of a long-term plan. Council Member Woodward asked if City Administrator Haglund was suggesting moving forward with some areas of concentration and coming back in September with a plan to complete all repair by 2012. City Administrator Haglund explained that there were monies of the proposed budget that would allow for the beginning steps of repair and the summer months would allow enough time for staff to bring back all elements of a comprehensive plan. Motion on Item VII.C. Motion was made by Council Member Woodward that staff come back in September with their plan of how they can implement our goals with the completion of all work in the summer of 2012. 8862 City Administrator Haglund spoke on the work on the sidewalk survey and determining actual costs of repair and funding mechanisms. Council Member Tucker spoke on completing the repair and then setting a cut-off of the program and utilization of the State mandated policy of the responsibility to the owner. City Administrator Haglund agreed explaining that the Council consider direction to staff on the implementation of a plan similar to the San Jose plan which mandates the condition of the sidewalk as a responsibility of the homeowner. Mayor Pinheiro suggested that if a cut-off was set then communication be clearly made to all residents of the City to allow them to be put on notice that the responsibility was going to be placed on the homeowner. Council Member Bracco spoke in support of the concept explaining that there may be on-going maintenance, but the larger problem of the responsibility for repair would not be continually re-addressed. Continued Motion on Item VII.C. The motion was seconded by Council Member Dillon Council Member Gartman spoke on property owners who did not intend to maintain their sidewalks explaining that the City needed to include in the program the most severely displaced sidewalks first. He spoke on a previous root-trimming program the City ran which was preventative to make sure the problems did not re-occur. He then asked the City Administrator for clarification on his suggestions for implementation. City Administrator Haglund explained that he was suggesting the Council use elements of the staff suggestions presented the previous week by working on focused areas of the worst displaced sidewalks at 100% replacement of the sidewalk portion beginning July 1st explaining that it would help in defining the best way to approach the repair going forward. Council Member Gartman asked if Council Member Woodward had included the direction in his motion. Council Member Woodward stated that his intention was to get started right away and then come back in September. Council Member Gartman asked if the language could be added as a friendly amendment. Council Member Woodward agreed. Mayor Pinheiro stated that he was prepared to have staff come back with a comprehensive approach and in the meanwhile use the recommendations as presented by staff. City Administrator Haglund suggested that Council was directing staff to work on the 100% repair of the focused areas and return in September with a complete review of Council Member Gartman's funding and a review of the actual costs for repair and a total $ figure and where the City stood from a funding standpoint. Mayor Pinheiro asked that the complete comprehensive review be presented at one time. Council Member Arellano asked what the vote was going to be taken on and then spoke on the repair of all sidewalks and costs associated. He shared the amount of the 6 months of time spent by the citizens committee and presentation to Council explaining that he had not heard the funding suggestions at that time. He then spoke on the repair of the worst ~walks and the needed survey and prevention program needs stating that there woujd ,ttf much time put into the comprehensive plan. He then suggested that a full revitw come before Council at the July 18th policy summit stating 8863 that the item was being rushed. Council Member Gartman explained that the citizens committee had worked for 9 months on the issue of sidewalks. He then explained that he had brought the Council a plan previously in 2007, but it had not been adopted. Public comment was opened. Walter Schinke explained that it was not residents but property owners who were responsible for the repair. He stated that the City would need to follow the State codes as presented by the sidewalk task force, explaining that the City could not deviate from ADA and Rehabilitation Act stating that the crosswalks and signalized intersections and bus stops had to adhere to the codes. He explained that the issues with non compliance had been neglected for many years stating that the City had joined in class action suits on the issue. He explained that it was discrimination to not adhere to the accessibility of all persons to protect the City from discrimination law suits as mandated by the Federal Government. He explained that monies in the 50/50 program didn't allow the property owner to have a free lunch and shared responsibility explaining that the lien process should be in place for non-compliance. Mary Yates spoke on the inability to work on an answer to the issue in a one-day workshop and suggested the 50/50 program as a shared responsibility. She shared the need to citizen outreach and education and utilization of volunteers of groups such as the Master Gardeners of Santa Clara County. She spoke on the need to work with developers on the types of trees that were planted explaining that there were a lot of complexities to the program and all of the citizenry needed to be involved. She volunteered to continue to work on the task force. Public comment was closed. Mayor Pinheiro re-iterated the motion explaining that staff would operate starting July1 st under the report from the study session using the recommendation from staff as a way to work until such time as staff comes back with a full comprehensive program from tonight in a study session. He then asked if the information as recommended by staff had been presented in a study session, had it been presented in a manner that was available to the public as the staff recommendations had not been included as a part of the evenings packet. City Attorney Callon explained that it was a study session that had been noticed to the public and the full packet materials had been provided on the City website for public review. She then explained that the item would be returning to Council for approval. Council Member Bracco asked that staff return with a list of those trees in the planting strip on the sidewalk and those areas of damage by the trees planted in the front of the home by the homeowner. Council Member Woodward asked if it was an intern who would be conducting the survey. City Administrator Haglund stated that they would be trained by staff stating that his concern was to address the survey as soon as possible. Mayor Pinheiro spoke on areas where the shrubs near alleyways had raised the sidewalk. Council Member Tucker asked that staff provide the actual costs to the homeowner for the repair of just the sidewalks without the curb and gutter. Council Member Arellano asked if the dates that were suggested by staff had been included in the motion. Council Member Woodward explained that he had made the motion to follow the 8864 recommendation of City Administrator Haglund, but he was not sure the re-iteration of the motion had morphed into something else. Mayor Pinheiro stated that he apologized if he had re-iterated the motion incorrectly, explaining that he understood the motion to be that as of July 1st, the program as presented by staff would be followed until such time as staff had the opportunity to do all of the analysis and present the results. Council Member Woodward agreed that he had also wanted to adhere to the suggested time for the return of the staff analysis in September. City Administrator Haglund stated that he was only concerned with the ability to conduct the survey and have the analysis complete by September but he would keep the Council updated on the progress. Mayor Pinheiro agreed that the September time frame was included in the motion. Council Member Arellano asked if the funding options suggested by Council Member Gartman would be part of the analysis. City Administrator Haglund agreed stating that additional funding options would also be considered. Council Member Arellano asked for clarification on the motion asking if a date be set for the cut-off in the future. Council Member Woodward stated that it was not in the motion but it should be addressed when the item returned explaining that it was premature. Council Member Arellano stated that he was still unclear of the motion and the three scenarios presented by Council Member Gartman explaining that there were other scenarios he had suggested he could produce. Mayor Pinheiro stated that Council was voting to follow staffs recommendation as presented in the previous study session until such time as staff could return with a comprehensive approach including some of Council Member Gartman's suggested funding options and others for deliberation. He stated that the immediate action of the vote was to allow for the survey and to begin to follow the recommendation as of July 1 sl as a new policy. Council Member Woodward agreed. Continued Motion on Item VII.C. (friendly amendment) that staff get started right away and then come back in September with the comprehensive analysis. The motion carried with a 7-0 vote. V.C. Public Hearing for the Consideration of the Adoption of the 2008-2013 Financial Plan of the City of Gilroy The staff report was presented by City Administrator Haglund. Mayor Pinheiro asked if there should be a correction to the item as listed or if the Council was approving the Fiscal Year 2008/2009 budget. City Administrator Haglund explained that he had used a different year in describing the item but the Council was approving the fiscal year 2008/2009 budget. The Public Hearing was opened. ihere being no public comment the Public Hearing was closed. Council Member Gartman stated that staff had done a good job of a first stab at the budget, but he did not believe in supporting an un-balanced budget. Council Member Woodward thanked staff for all of their efforts at such a short time 8865 frame explaining that he would support the budget and would commit to working towards a balanced budget. Council Member Bracco stated that he had voted for the previous years' budget with the belief that the current budget would be presented as balanced. He stated that he did not believe that staff was working with the right information as the budget reflected an increase in revenue when everything was pointing towards a decline. He explained that he did not believe in using the reserves as a form of income and the organization was in a preservation mode as the cuts presented were to the Senior and Youth programs. He suggested that Council motivate the City Administrator to balance the budget and the same motivation would be passed down to his staff. Mayor Pinheiro spoke in agreement with Council Member Bracco's and Gartman's input regarding the need to balance the budget speaking on the need to include all of the bargaining units. He stated that the City Administrator would be working to balance the budget with the Department Heads and the bargaining units and he believed that the City Administrator would balance the budget or the Council would have to balance it. Council Member Tucker explained that she also wanted to see a balanced budget, explaining that the City Administrator had cut $4 million from the budget but the economy was in such a bad position, the cuts had not balanced out. She stated that she wanted to see the budget balanced by the next year and would support the current budget. Council Member Arellano stated that the next budget needed to be more specific and not just cut programs stating that those connections to the youth and the elderly were as important to the community. Mayor Pinheiro stated that only a few of the items removed were programs stating that the Police Department had cut $2 million, the Fire Department had cut $400,000 and Community Development had cut $1 million. Council Member Dillon stated that he would be in support of the budget but would not support a budget the next year if it was not balanced. Council Member Woodward agreed that the budget needed to balance the next year. City Administrator Haglund stated that he understood that Council wanted to see a balanced budget and he wanted to remind the Council that there were 24 positions that were vacant and would remain vacant and others would be incurred over the course of the next year. He explained that staff had cut $4.5 million in expenditures, but was facing a loss in revenue of $3.9 million shortfall. He explained that to balance the budget would have required cutting $8.5 million and though he did not like spending part of the reserve, but cutting $8.5 million would have been beyond drastic given the City's'reserve. He spoke on the planned cuts in the future draw on the reserve the next 2 years and plan to balance the budget by 2011/2012. He explained that if the Council was intending to balance the next years' budget with no draw on the reserve then there would need to be drastic cuts to staffing which would be an impact on City services. He shared his proposed plan of a prudent draw on reserves and plans to balance the budget by 2012. Mayor Pinheiro stated that one of the City Administrators first charges was to show the Council what it meant to have a balanced budget by the next year. City Administrator Haglund stated that he heard the Council loud and clear. Council Member Gartman stated that it would take a line-by-line revue of the budget to balance it. He spoke on his review of the CIB and the opportunity for cuts in many areas explaining that the City needed to take the realistic approach as the money was not there and the reserve was for a rainy day fund. He suggested the Council look at the adopted budget in the next few months and see how $4 million could be cut item by item such as the purchase of new vehicles. 8866 Mayor Pinheiro stated that Council would need staffs input and the community input to take such cuts stating that the City Administrator was tasked with the job of finding the cuts and if he could not get it done, and then the Council would do it. Motions on Item V.C. Motion was made by Council Member Woodward, seconded by Council Member Dillon and carried (Council Members Bracco and Gartman voting no) to Adopt Resolution 2008-25 for the City Budget for Fiscal Year 2008-2009 and Appropriating Proposed Expenditures for the Purposes Set Forth in the Budget Motion was made by Council Member Woodward, seconded by Council Member Dillon and carried (Council Members Bracco and Gartman voting no) to Adopt Resolution 2008-26 Setting the Appropriation Limit for the 2008-2009 Fiscal Year Motion was made by Council Member Woodward, seconded by Council Member Dillon and carried to Approve the 2008-2013 South County Regional Wastewater Authority (SCRWA) Financial Plan Motion was made by Council Member Woodward, seconded by Council Member Dillon and carried (Council Member Gartman voting no, Council Member Bracco abstaining) to Approve the 2008 Capital Improvement Budget VI. UNFINISHED BUSINESS A. Consideration of the Adoption of an Ordinance of the City Council of the City of Gilroy Approving Application Z 05-12 to Change the Zoning Designation from R1 (Single Family Residential) to R2-PUD (Medium Density Residential - Planned Unit Development) on Approximately 1.97 Acres Located at 9060 and 9070 Kern Avenue, North of Mantelli Drive, APN 790-18-015 and 017 Motion on Item VI.A. Motion was made by Council Member Bracco, seconded by Council Member Arellano and carried (Council Members Dillon, Gartman and Woodward voting no) to Adopt Ordinance 2008-06 of the City Council of the City of Gilroy Approving Application Z 05-12 to Change the Zoning Designation from R1 (Single Family Residential) to R2-PUD (Medium Density Residential - Planned Unit Development) on Approximately 1.97 Acres Located at 9060 and 9070 Kern Avenue, North of Mantelli Drive, APN 790-18-015 and 017 B. Consideration of the Adoption of a Resolution Approving a Request to Revise the ROO Affordable Housing Exemption Approval for the Harvest Park Project from 83 Owner-Occupied Townhouses to 83 Rental Apartment Units with Revised Architectural and Site Review for a Property Located west of Monterey Road, north and south of the Extension of Cohansey Avenue, APN's 790-06-16, 029, 030, 032 and 033, South County Housing, AHE 06-01 Mayor Pinheiro recused himself from voting on the item and left the dais. Motion on Item VI.B. Motion was made by Council Member Arellano, seconded by Council Member Woodward and carried (Council Member Gartman voting no and Mayor Pinheiro absent) to Adopt Resolution 2008-27 to Revise the ROO Affordable Housing Exemption Approval for the Harvest Park Project from 83 Owner-Occupied Townhouses to 83 Rental Apartment Units with Revised Architectural and Site Review for a Property Located west of Monterey Road, north and south of the Extension of Cohansey Avenue, APN's 790-06-16, 029, 030, 032 and 033 Mayor Pinheiro returned to the dais. C. Consideration of the Adoption of an of an Ordinance of the City of Gilroy Amending the 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 8867 Charged to Development Projects in the Zero Fee Area are Eliminated until December 31,2011 Council Member Woodward recused himself from voting on the item due to ownership of a property within the vicinity of the zero fee area, and he then left the dais. Motion on Item VI.C. Motion was made by Council Member Dillon, seconded by Council Member Tucker and carried to Adopt Ordinance 2008-07 of the City of Gilroy Amending the 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, 2011 Council Member Woodward returned to the dais. D. Consideration of the Adoption of Resolutions of the City Council of the City of Gilroy Proposing an Amendment to the City Charter Changing the Election Cycle from Odd to Even Years and Directing Said Amendments to be Submitted to the Electors of the City for the Municipal Election to be Held on November 4, 2008 The staff report was presented by City Clerk Freels. City Attorney Callon stated that the type of election could not be run as a mail ballot election. Mayor Pinheiro asked if there had been any analysis of Council Member Gartman's suggestions for the ballot measure. City Clerk Freels stated that there was no analysis done with his proposal other than the cost savings would not be provided to the City for an additional 6 years. Council Member Gartman spoke on the potential cost savings as presented and then shared his proposal stating that it would not have any savings for 2 election cycles. He explained that his proposal was to not extend the current Council and the lengthened terms would take place for the upcoming elected candidates. He explained that at that time those people would be elected for 5 years and he felt it was an inappropriate method of saving the costs for elections and he felt the City election would get lost in State, school board and Federal elections. Council Member Woodward stated that there were advantages to odd year elections and he felt it was a ruse to the voters for term extensions to 5 years. He then suggested that the measure be crafted to give the currently seated Council 3 year terms if the goal was a cost savings. Mayor Pinheiro stated that he had suggested 3-year terms when the item had been presented in a study session. He shared that he was in support of the cost savings and spoke on the City of Los Altos going through the same process recently. He stated that there was no intention to extend current Council seats when the item was presented previously and the community would make the decision at the ballot in November. City Attorney Callon explained that Los Altos was a General Law City and only needed to adopt an ordinance to change the election cycle. Mayor Pinheiro stated that the item would be going before the people to extend the terms 1 year at the November election and they would choose. Council Member Arellano shared the history of the item going back 8 years and the potential cost savings. He explained that the item had come to the Council prior to the November 2007 election and other Council did not want to make the decision at that time so the City continued to incur the high costs of the election. He explained that the City could save somewhere around $150,000 and he did not believe that anyone 8868 should insinuate that Council Members were attempting to add an additional year to their term with the adoption of the item explaining that it was about cost savings and balancing the budget. He stated that he had faith that the voters could distinguish who they were voting for and it may make it more work for the candidates, and there would be greater participation and it would not be as easy and more voters would need to be reached to get elected. He explained that the City Administrator was being asked to look at possibly cutting positions and the City could be saving $150,000. Motions on Item VI.D. Motion was made by Council Member Bracco, seconded by Council Member Tucker and carried (Council Members Dillon, Gartman and Woodward voting no) to Adopt Resolution 2008-28 of the City Council of the City of Gilroy Proposing an Amendment to the City Charter and Directing Said Amendment to be Submitted to the Electors of the City Motion was made by Council Member Arellano, seconded by Council Member Tucker and carried (Council Members Dillon, Gartman and Woodward voting no) to Adopt a Resolution 2008-29 of the City Council of the City of Gilroy Proposing an Amendment to the City Charter to the Electors of the City for the Municipal Election to be Held November 4, 2008 Mayor Pinheiro asked for clarification on the arguments for the ballot measure. City Attorney Callon spoke on the process of submitting the arguments in favor and against the measure and choice of argument. Mayor Pinheiro asked how the City Council could decide who wrote the arguments. City Attorney Callon stated that the Council could decide by vote of the full Council to choose to write the argument. Council Member Bracco suggested that a subcommittee of 2 write the statement in favor of the ballot measure. Council Members Arellano, Tucker, Bracco and Mayor Pinheiro spoke on having 3 members of Council write the argument in favor of the ballot measure. Mayor Pinheiro asked if the members of Council who had voted against the measure were to take the same action. City Attorney Callon stated that a member of the public could write the argument against. Council Member Woodward stated that Council Members could write the argument against as a free speech rite. City Attorney Callon spoke on the minority position on the Council not being able to write an argument against a measure if the majority voted to write the argument in favor. She stated that she would get back to Council once she reviewed the issue explaining that the argument against would not be required until a time period after the argument in favor had been filed. E. Consideration of a Request for a Second One (1) Year Tentative Map Extension for a Property Located at 9435 Monterey Road, APN 790-07-001, Salvatore Oliveri, Applicant, TM 04-13 Motion on Item VI.E. Motion was made by Council Member Bracco, seconded by Council Member Dillon and carried to Adopt a Resolution 2008-30 of the City Council of the City of Gilroy Approving a Second One-year Extension for TM 04-13, A Tentative Map to Subdivide an Approximately 4.85 Acre Site into 19 Commercial and Residential Lots Located at 9435 Monterey Road, North of Farrell Avenue, APN 790-07-001 8869 VII. INTRODUCTION OF NEW BUSINESS A. A Resolution Authorizing Limited Time Parking of Vehicles on First StreetlSR 152 The staff report was presented by Engineer II Dey. Council Member Bracco stated that 20 minutes wasn't much time for parking. Engineer Dey explained that the businesses in the area were more concerned with short term parking than long term parking for their customers. Council Member Bracco suggested that the entire First Street corridor be looked at if the process worked at the proposed location. Engineer Dey explained that all of the businesses in the rest of the First Street area had sufficient parking on site so the red curb was not a consideration. Mayor Pinheiro spoke on the local dealerships parking their cars in the area all day long and the clients could not utilize the parking on the street. Council Member Gartman agreed explaining that people were wandering out into the traffic to look at the vehicles and it was a safety concern. Council Member Dillon stated that it would not hurt the businesses. Motion on Item VitA. Motion was made by Council Member Woodward, seconded by Council Member Dillon and carried to Adopt Resolution 2008-31 Authorizing Limited Time Parking of Vehicles on First StreetlSR 152 in the City of Gilroy Pursuant to Section 22506 of the California Vehicle Code B. Modification of the Traffic Circulation Master Plan for Bikeways with the Addition of Bike Lanes on Hecker Pass (SR 152) and First Street (SR 152) from the West of City limits to Miller Avenue The staff report was presented by Engineer II Dey. Council Member Gartman asked if the bikeway master plan would be incorporated in the circulation master plan. Engineer II Dey stated that it was. Council Member Gartman asked if the master plan would be updated in the upcoming fiscal year. Engineer II Dey stated that it would. Motion on Item VII.B. Motion was made by Council Member Woodward, seconded by Council Member Tucker and carried to Modify the Traffic Circulation Master Plan for Bikeways with the Addition of Bike Lanes on Hecker Pass (SR 152) and First Street (SR 152) from the West of City limits to Miller Avenue VIII. CITY ADMINISTRATOR'S REPORTS There was no report. IX. CITY ATTORNEY'S REPORTS City Attorney Callon spoke on an upcoming CEQA training and suggested that an 8870 evening session be set for the Council and Commissioners. X. REPORTS OF COUNCIL MEMBERS Council Member Bracco spoke on the Gilroy Gang Task Force sharing the expected rise in gang activity during the summer. Council Member Tucker stated that the Gilroy Visitor's Bureau meeting would take place later in the week. Council Member Dillon thanked the Council for continuing the elections item 2 weeks due to his illness. XI. MAYOR'S REPORT A. Appointment of Bob Dillon as Alternate on the Library JPA Mayor Pinheiro explained that Council Member Arellano was the current alternate to Council Member Dillon for the Library JPA. Council Member Arellano asked when the board met. Council Member Bracco explained that the meetings took place in Los Gatos at 1 :30. Council Member Arellano asked Council Member Dillon if he was interested in the alternate position. Council Member Dillon stated that he was. Motion on the Appointment of Alternate to the Library JPA Motion passed to appoint Council Member Dillon as the Alternate to the Library JPA Mayor Pinheiro shared the request of the City of Gilroy from the Cities Association asking if each City support the Voters First Redistricting Initiative. He asked Council if they would be willing to have the item placed on a future agenda. The Council agreed to put the item on the agenda. Mayor Pinheiro then shared the request of the Cities Association of the discussion at a local Council level for an adopted policy on single use of plastic bags. He explained that the cities of San Jose and Palo Alto were both looking at adopting ordinances and the association was attempting to address the issue on a regional level. Council Member Arellano spoke on the previous discussions on plastic bag recycling asking if there would be members of the commercial and industrial side available for the discussions. Mayor Pinheiro explained that it was intended as a discussion first and it would come back. Mayor Pinheiro then asked Council if they would like to hold a study session on the placement of items on the City Council agenda explaining that he had asked that the City Clerk look into what other California cities use as the process of Council Members placing items on the agenda. He stated that he had never held an item from being placed on an agenda and wanted to get the Council's input on the item. Council Member Woodward asked for a legal opinion from the City Attorney stating that he did not see anything in the City Code or Charter that set forth the appropriate procedure under the law. He explained that as he read it, an elected member of the body could place an item on the agenda if it was provided to the City Clerk by 5:00. City Attorney Callon spoke on the Charter section explaining that she believed the provision that allowed 3 members of the Council to call a special meeting would allow 3 8871 members to place an item on an agenda. She then shared the history of the process with the Council explaining that items were brought up during a meeting and Council could vote to place the item on future agenda for action. Council Member Woodward stated that he believed the process was ill-defined and he wanted to see that a vote be taken to put the item on the agenda that any member may place an item on an agenda. Mayor Pinheiro explained that normally if a member of Council wanted to see an item placed on the agenda then they would bring the item up during their comments and if staff time was needed, a vote was taken to place the item on an agenda. He then stated that he has never had a Council Member bring an item to him that was not placed on an agenda. Motion to agendize the making of a rule for Council to place items on Agendas Council Member Woodward made the motion to take a vote to place the item on the next agenda to make a rule that any elected member could place an item on the agenda by brining their material to the City Clerk by 5:00 p.m. the Tuesday prior to the meeting. The motion was seconded by Council Member Gartman. Council Member Tucker stated that what had worked in the past may not work with the current Council explaining that she believed that as an elected official, she should be able to bring an item forward on an agenda for discussion without staff time being devoted to it. Council Member Arellano spoke on the current process explaining that if there was no concurrence then there would be no reason to place an item onto the agenda. He then stated that the other council members showing an interest in the item needed to be taken into consideration. Council Member Bracco stated that it would be beneficial to have the item discussed so that the Council could come up with a policy that would govern the Council. Mayor Pinheiro spoke in favor of discussing the item. Council Member Gartman stated that he had started the discussion of the issue when he had asked that his email be added to an agenda item. Mayor Pinheiro explained that he had responded back to Council Member Gartman that the agenda language for the item was in place. He then explained that there had been a misunderstanding by the City Clerk and himself as to what Council Member Gartman was requesting. Continued Vote The motion passed with a 7-0 vote. XII. ADJOURNMENT at 10:50 p.m. TO MEETING OF JULY 7,2008 \ \,S awna Freels, CMC City Clerk