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Minutes 2008/07/21 City of Gilroy City Council Meetina Minutes Monday, July 21, 2008 I. OPENING Mayor Pinheiro called the meeting to order at 7:00 p.m. Mayor Pinheiro led the Pledge of Allegiance. The Invocation was given by Geta Intemadi of the Bahai Community. City Clerk Freels reported that the agenda had been posted on July 16, 2008 at 4:00 p.m. Roll Call Present: Council Member Peter Arellano, Council Member Oion Bracco, Council Member Bob Dillon, Council Member Craig Gartman, Council Member Cat Tucker, Council Member Perry Woodward and Mayor AI Pinheiro 4 Item I.D.6 was moved after Item I.D.3 under Orders of the Day. Mayor Pinheiro announced that the meeting would be adjourned in the memory of former Council Member Jack Pate. D. Presentations & Proclamations Mayor Pinheiro presented the Employee Award of the Month for June 2008 to Jeff 8885 Castro. Mayor Pinheiro presented the Volunteer of the Month Award for the Month of May 2008 to Evelyn Centola. Mayor Pinheiro presented the Volunteer of the Month Award for the Month of June 2008 to AI Lujan & his Grandchildren Mayor Pinheiro presented a Proclamation in Appreciation to K-9 "KIMBO" for his Dedication and Service to the Citizens of Gilroy. Jane Howard of the Gilroy Visitors Bureau and Catherine Filice presented the Gilroy Branding Study. Jane Howard of the Gilroy Visitors Bureau presented her report on Annual Activities. Mayor Pinheiro asked the City Administrator to share the detail of the letter written earlier in the day regarding an item on the agenda. City Administrator Haglund explained that he had received a letter from the applicant for Public Hearing Item V.B. requesting that the item be pulled from the agenda to an undetermined date as the School District would be re evaluating the project and would contact the City in the future. He then explained that the School District would be working with the City to re-notice the item when it returned. Mayor Pinheiro explained to the public that the item would not be heard asking the Assistant City Attorney if public comment should take place. Assistant City Attorney Houston suggested that the Council wait to hear from the public when the item came back. II. PRESENTATIONS A. BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MA rrER JURISDICTION OF THE CITY COUNCIL. There were no public comments on items not on the agenda. III. CONSENT CALENDAR A. Approval of Minutes of the July 7, 2008 Regular Meeting B. Resolution 2008-33 in Support of the California Voters First Act C. Approval of the Write off of Uncollectible Delinquent Water and Sewer Accounts in the Amount of $75,433.55 D. Approval of the Notice of Acceptance of Completion of Property Improvement Agreement No. 2007-01, Tract 9841 - Trailside Homes, APN 790-14-097, Hewell & Sheedy Motion on the Consent Calendar Motion was made by Council Member Dillon, seconded by Council Member Woodward and carried to approve the consent agenda. IV. BIDS AND PROPOSALS A. Approval of an Agreement for Services with Southern California Risk Management Associates (SCRMA) for Workers Compensation Claims Administration Services in the Annual Amount of $63,504.00 The staff report was presented by Human Resources/Risk Management Director McPhillips. 8886 Motion on Item IV.A. Motion was made by Council Member Woodward, seconded by Council Member Tucker and carried to approve the Agreement for Services with Southern California Risk Management Associates (SCRMA) for Workers Compensation Claims Administration Services in the Annual Amount of $63,504.00 V. PUBLIC HEARINGS A. Public Hearing to Consider the Placement of Liens for Non-Payment of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy The staff report was presented by Co-Finance Director Turner and provided the Council with an updated list of properties to lien. Mayor Pinheiro asked if the City was out the money. Co-Finance Director Turner stated that the City was placing the lien on the properties on the behalf of South Valley Disposal and Recycling. The Public Hearing was opened. There being no public comment the Public Hearing was closed. Motion on Item V.A. Motion was made by Council Member Dillon, seconded by Council Member Bracco to approve the item. Mayor Pinheiro asked that the list of delinquencies be provided in the name of the renter along with the property owner as the renter was the person who was delinquent. He then suggested that any continuously delinquent properties be required to place the garbage services in the name of the property owner instead of the renter. Assistant City Attorney Houston explained that an ordinance amendment would need to take place to make the changes suggested. Mayor Pinheiro stated that he was looking for concurrence within the Council first. Council Member Tucker asked if there were roll-overs of delinquencies from previous years as some of the amounts due were quite large. Co-Finance Director Turner stated that the charges were annual fees and no carry over was included. Council Member Tucker asked if the garbage service was continued if the charges were not paid. Co-Finance Director Turner stated that it was a requirement of the City Code that the garbage service be continued explaining that the properties that had delinquencies were reduced to the minimum level of service. Phil Couche of South Valley Disposal agreed. Mayor Pinheiro asked if the State required that the service be continued as it was a health and safety issue. Mr. Couche stated that it was his understanding that the City was required to do so. Assistant City Attorney Houston stated that as a health and safety requirement, she understood that the City was required to provide the service. Mayor Pinheiro stated that there was nothing the City could do about providing the 8887 service. City Administrator Haglund explained that every City had the same requirement of mandatory garbage service. Council Member Gartman stated that it was mandatory by State. Council Member Arellano stated that regardless of the State requirement, it would be a nuisance to the citizens that neighbored those properties if the service was not provided. Mayor Pinheiro asked the maker and seconder of the motion to add his suggested amendment to require the billing be in the name of the property owner if the property was delinquent two years in a row. Council Members Bracco and Dillon agreed to the amendment. Council Member Arellano suggested that it be mandatory for all property owners to put their garbage service in their name. Mayor Pinheiro shared the process of noticing the non-payment of garbage explaining that some property owners did respond to South Valley Disposal when they received notice that their rental had un-paid bills. Council Member Woodward stated that he understood the noticing of a renter's non payment of bills explaining that the property owners were notified, but for whatever reason had not cleared the issue up. He then stated that it didn't matter whose name the listing was in as the property owner was still responsible for the bill. Council Member Gartman asked if it was legally possible to require the bill be in the property owner's name. Assistant City Attorney Houston stated that she believed it was legal because the City had already transferred the responsibility of the bill in the ordinance. Council Member Gartman stated that the suggestion was to place the monthly bill in the property owner's name. Assistant City Attorney Houston stated that was not the suggestion. Mayor Pinheiro stated that his suggestion was to have the property owner pay the garbage services if their property had been on the delinquency list two years in a row. Council Member Woodward explained that the City could require a property owner place the bill in their name in an ordinance asking what the City would do if the property owner didn't do so. Mayor Pinheiro stated that the City would probably need to lien the property sharing the process of the property owner adding the charges to their tenant's rent. Council Member Woodward stated that as he saw it, the City Attorney would be spending the time to amend the ordinance, but it would not change the way things already were. Mayor Pinheiro stated that he was trying to find a way to help remedy the situation and the suggestion might or might not work. Council Member Woodward asked if the people who were on the list were turned over to collections. Co-Finance Director Turner stated that they were not and asked Mr. Couche if South Valley Disposal had a process of turning over the delinquencies to collections. 8888 Mr. Couche stated that un paid bills were turned over to collections only if it was determined that the billing was non-collectible by the County. Council Member Woodward asked if a lien showed up on a collections report. Mr. Couche stated that there were times when the previous owner's bill was turned over to the collection services. Mayor Pinheiro asked if all liens were evident on a property title search. City Administrator Haglund clarified that in limited circumstances, property could cross ownership and the previous property owner would be held responsible for their non payment of garbage through the collection process. Mayor Pinheiro explained that his suggested amendment had been moved and seconded and the Council would be voting on the motion with the amendment. Council Member Arellano asked if the amendment was to have the property owner have the bill in their name if their property had shown up on the list of delinquencies two years in a row. Mayor Pinheiro agreed. Council Member Arellano asked what would happen if the property owner did not do so. Mayor Pinheiro stated that the City would need to lien the property. Council Member Arellano stated that if there were no consequences then there was no need to make the changes. Council Member Woodward made the motion to approve the item without the amendment. Assistant City Attorney Houston stated that there would need to be two separate motions as the Resolution was to confirm the report and a second motion would need to take place to make the delinquent land owner be required to have their name added to the billing. Council Members Bracco and Dillon agreed to remove the amendment to the motion. Continued Motion on Item V.A. The motion carried to adopt Resolution 2008-34 of the City Council of the City of Gilroy Regarding the Imposition of a Special Assessment Lien for the Costs of Delinquent Garbage Collection Services for Certain Properties Located in the City of Gilroy B. Zone Change Request to Change 9.97 Acres from Public Facility to R-3 PUD located at 8450 Wren Avenue (Old Las Animas School Site) APN 790-25-031, Applicant: Gilroy Unified School District c/o Rob Mendiola, (Z 07-01) Tentative Map Approval to Create a 72 Unit Residential Lot Subdivision Located at 8450 Wren Avenue, on Property Zoned R3-PUD (Public Facility), . p'rQPO"~ 'ZQrihlg 'R3"PIJP) (QI~ ~., An'm.' ICihQO' Gl*') APN 790..26..o~1, ...,ncant: Gilroy Unified School District c/o Rob Mendiola, (TM 07.08) ~ '-fchitectural & Site Review to Approve the Construction of Seventy Two (72) Homes Located at 8450 Wren Avenue, on Property Zoned R3-PUD Medium Density Residential-Planned Unit Development) (Old Las Animas School Site) APN 790-25-031, Applicant: Gilroy Unified School District c/o Rob Mendiola, (A1S-PUD 07-32) Motion on Item VI.B. 8889 Motion was made by Council Member Bracco, seconded by Council Member Arellano to continue the item. Mayor Pinheiro explained that the applicant had requested the item be continued. Council Member Woodward asked the Assistant City Attorney if there were any processing deadlines the City needed to meet. Assistant City Attorney Houston explained that under the permit streamlining act, the continuance was a waiver of the act requirement and explained that the zone change was a legislative act which was not subject to the streamlining act. Council Member Woodward asked if the applicant's rights to force a decision were being waived. Assistant City Attorney Houston agreed. Council Member Gartman asked if the item would return to the Planning Commission. City Administrator Haglund explained that it would be required to return to the Planning Commission. Continued Motion on Item VI.B. The motion carried to continue the item. VI. UNFINISHED BUSINESS A. Affirmation of Appointment of Committee to Author City Council Ballot Argument in Favor of Charter Election for Even Year Elections: Council Members Arellano, Bracco, Tucker. Additional Signator Mayor Pinheiro Motion on Item VI.A. Motion was made by Council Member Dillon, seconded by Council Member Woodward and carried to Affirm Appointment of Committee to author City Council Ballot Argument in Favor of Charter Election for Even Year Elections: Council Members Arellano, Bracco, Tucker. Additional Signator Mayor Pinheiro VII. INTRODUCTION OF NEW BUSINESS A. Downtown Small Project Exemption Request for 36 Residential Units on Property Located at 7161 Monterey Street Zoned OED (Downtown Expansion District) APN 799-10-034, Applicant: AIi Bakhtar c/o Reid Lerner (DSPE 07-02) The staff report was presented by Planner II Mcintyre. Council Member Tucker spoke on parking in the location asking if there were other projects within the area that had parking waived asking what the cumulative effect would be. Planner II Mcintyre spoke on the 9-unit project that was previously approved and spoke on the fine tuning of another upcoming project that may ask for a waiver. She explained that there was map in the packet of all downtown allocations with the detail of parking that had been granted. Council Member Tucker shared her concerns with parking in the VTA lot and spoke on possible problems in the future. Planner II Mcintyre stated that the City Transportation Engineer had reviewed the project and was comfortable with the proposal explaining that there was no parking allowed in the front of the building so the proposals were to providing parking for the residential units and the waiver was for the commercial. Council Member Bracco agreed with the concerns shared by Council Member Tucker sharing previous waivers which were near city lots. He then explained that VT A would 8890 tow the vehicles parked in their lots. Mayor Pinheiro stated that there was parking for 36 vehicles in the plan. Planner II Mcintyre stated that the applicant was proposing that the residents use the parking at night and the commercial would use the parking during the day, though there would be some overlap. Public comment was opened. Larry Cope of the EDC stated that he had been working with the applicant for over a year and shared the parallel parking available in front of the project and other parking abilities on Eight Street. He agreed that parking should not take place in the VT A parking area, explaining that as downtown was built out there would be issues with building new parking structures. He then spoke on the types of business in the commercial portion of the project, and gateway entry to the downtown and use of the VTA services. Motion on Item VitA. Motion was made by Council Member Gartman, seconded by Council Member Arellano and carried to Direct Staff to Prepare a Resolution Approving Downtown Small Project Exemption DSPE 07-02 B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending the 2007 California Building Code Adopted by the City of Gilroy as Ordinance No. 2007-24, to Modify, Add and Amend Sections 3402 and 3403 Regarding the Repair of Damaged Structures The staff report was presented by Building Division Manager Abrams. Council Member Woodward asked if the ordinance applied to minor damage to a building. Building Division Manager Abrams explained that minor damage would not be required to adhere to the ordinance explaining that a formula would be used for existing buildings to allow for flexibility with each event. Motion on Item VII.B. Motion was made by Council Member Dillon, seconded by Council Member Arellano and carried to Read the Ordinance by Title only and Waive Further Reading of the Ordinance. City Clerk Freels read the ordinance by title only. Motion on Item VII.B. Motion was made by Council Member Dillon, seconded by Council Member Tucker and carried to Introduce an Ordinance of the City Council of the City of Gilroy Amending the 2007 California Building Code Adopted by the City of Gilroy as Ordinance No. 2007-24, to Modify, Add and Amend Sections 3402 and 3403 Regarding the Repair of Damaged Structures. C. Provide Direction to Staff on Pursuing Alternate City Office Hours to Reduce Energy and Fuel Usage and Costs The staff report was presented by Human Resources Director McPhillips. Council Member Gartman shared his reasons for bringing the item before the Council sharing the State of Utah changes and explaining that overall the benefits to the employee and the savings to the use of energy were significant. He spoke in support of a 4/10 or 9/80 schedule. Council Member Bracco stated that he didn't see the savings when staying open longer. He explained that more energy and time would be put into it than the benefits. 8891 Council Member Gartman stated that many cities had savings which were well documented. Council Member Woodward stated that it would popular with employees but he could not support it unless there was a compelling reason such as the proposal made by Council Member Tucker of a day off without pay. Council Member Arellano stated that he had experienced the type of schedule proposed with his staff and had found problems explaining that the personal touch was important to customers. He explained that if a holiday fell on a Monday, the City offices would only be open 3 days. Council Member Tucker suggested a different approach such as cutting a paid day stating that she was more concerned with the customer service and didn't want to hinder the momentum the City had. Mayor Pinheiro spoke in support of finding the answers to the questions presented to identify the approach to the suggested change of service. Motion was made by Council Member Bracco, seconded by Council Member Woodward and carried (Council Members Dillon and Gartman voting no) and to direct Staff not to pursue the alternate City office hours any further. D. Consideration of the Approval of the Funding of the City of Gilroy's 2009 Annual 4th of July Fireworks Show in the amount of $13,000 The staff report was presented by Community Services Director Andrade-Wax. Council Member Bracco asked how much the vendor was paying the city. Community Services Director Andrade-Wax stated that it was around $30,000 and was a percent of what was sold. Council Member Dillon stated that he was comfortable with funding the fireworks show but he didn't want to see it be tacked onto the sales of the fireworks to the public. Council Member Gartman asked what the gross sales were for the year. Mr. Gene Della Maggorie the vendor thanked the Council for allowing the non-profits to sell fireworks stating that the net retail sales was $387,747.00 and the mitigation fee was 7% which was $27,239, which was passed onto the consumer. He explained that the fee was estimated based on the previous year's sales and spoke in opposition to raising the mitigation fee and suggested other alternate routes for the show. Council Member Gartman stated that it would be a 4% tax on top of what was already being charged to the consumer. Mayor Pinheiro suggested alternative routes of funding the show with other service organizations. He spoke in opposition to taking the monies from the City general fund explaining that the deficit had caused the City to take many cuts throughout the City. He explained that a community effort to fund the show should be looked at by forming a Council sub-committee to look at finding a way to fund the show. Council Member Gartman agreed to the tactic suggesting that the City fund the up front cost for the show and the fund raising efforts could take place to reimburse the City. Council Member Arellano spoke on living within the means of the budget and cuts that had been taken explaining that balancing the budget would mean cutting somewhere else to make the $13,000. He spoke in favor of the Mayor's suggestion to fund raise for the show and finding a creative way to hold the show. Council Member Tucker stated that the fireworks show was a good community program 8892 and the monies used to pay for the show were small in comparison to what the City paid for consultant fees. She explained that she would like to have the ability to go item by item to determine where the money could come from in the budget and spoke on going out to organizations to fund bigger issues such as traffic police. She explained that the event was such an important community event and she believed a sub- committee could work to look at the budget line-by-line to find the money. Mayor Pinheiro asked why the opportunity to find the money in the community was not taken. Motion on Item VitO. Motion was made by Council Member Woodward, seconded by Council Member Arellano and carried (Mayor Pinheiro voting no) to approve the funding of the City of Gilroy's 2009 Annual 4th of July fireworks Show in the amount of $13,000 out of the General Fund. Council Member Gartman suggested that Mayor Pinheiro and Council Member Tucker work to find the money to sponsor the event. Mayor Pinheiro stated that he would not be a part of a sub-committee going line-by-line in the budget to find the monies to fund the show. Council Member Gartman suggested that a sub-committee be formed to work with community groups to sponsor the fireworks event. Mayor Pinheiro stated that Council Member Tucker wanted approval to look through the General Fund to find the money and he was willing to work with the community to find funding for the show. Council Member Tucker agreed to join Mayor Pinheiro to seek funding sources out in the community to replace the monies taken from the General Fund. Mayor Pinheiro asked if any other Council Members were interested in joining them to find funding sources out in the community. Council Member Gartman stated that two members were enough. Council Member Woodward asked if Council Member Gartman was making a motion. Mayor Pinheiro stated that he had made the suggestion to go out to the community and did not need a motion to direct him to go out and seek funding. E. Approval of Pursuing the Refinancing of Series 2003 Auction Rate Notes The staff report was presented by Co-Finance Director Turner. Council Member Dillon spoke on the use of reserves in 2003 explaining that the collateral was from the impact fee accounts. Co-Finance Director Turner stated that the collateral was from the water and sewer funds. Council Member Dillon asked what the underlining SP rating was. Co-Finance Director Turner stated that it was AA- for Fitch and A+ S & P. Motion on Item VII.E. Motion was made by Council Member Tucker, seconded by Council Member Woodward Council Member Dillon spoke on the refinancing income of $500,000. in the first year stating that he could propose something that the City could use the money for. 8893 Co-Finance Director Turner explained that fund 440 was the source of the refunding, which was a restricted fund. Continued Motion on Item VII.E. The motion carried to approve pursuing the refinancing of Series 2003 Auction Rate Notes. F. Santa Clara County Cities Association Regional Proposal for Single Use Plastic Bags Mayor Pinheiro shared the item with the Council speaking on the Cities Association regional proposal. Council Member Gartman stated that a similar issue came before Council the year before and plastic bags were recycled. He explained that going to an alternative single source was more costly for the consumer in the long run. Council Member Woodward explained that the Council was merely supporting exploring the issue more. Mayor Pinheiro agreed explaining that it was research on the proposal. Council Member Tucker spoke on the Santa Clara County Recycling & Waste Reduction Commission and their recommendation of support SCC Association regional proposal for single use plastic bags. Motion on Item VII.F. Motion was made by Council Member Arellano, seconded by Council Member Tucker and carried (Council Members Bracco and Dillon voting no) to support the Santa Clara County Cities Association Regional Proposal for single use plastic bags VIII. CITY ADMINISTRATOR'S REPORTS There was no report. IX. CITY ATTORNEY'S REPORTS There was no report. X. REPORTS OF COUNCIL MEMBERS Council Member Tucker stated that the Council had just seen the Gilroy Visitor's Bureau presentation and spoke on the Santa Clara County Recycling & Waste Reduction Commission support of the SCC Association regional proposal for single use plastic bags. She then wished everyone an enjoyable Garlic Festival. Council Member Gartman wished everyone a happy Garlic Festival. XI. MAYOR'S REPORT A. Selection of Mayor Pro Tempore Beginning August 1, 2008 Mayor Pinheiro thanked Council Member Dillon for serving as Mayor Pro Tempore and then spoke on his review of the City Charter regarding the position. He shared a listing of the history of the appointment to the position explaining that several City Councils had changed the process from that spelled out in the Charter. He explained that after legal review, the City Attorney had explained that the Council should be adhering to the Charter with the 2 year appointment following each election. Motion on Item XI.A. Motion was made by Mayor Pinheiro to AppoiJlt Council Member Bracco as Mayor "r."~,,,:',""'>~"'" ~'''':'~"''''''':1c':'.~':<~:'''='^'''''-'-.':: ''':<'c;'',",C.. ;:.....',u.,."""._:>..~.,'.~..._.,\"".'_"..."': ":'-''''_:'''_::''V''''>~''''''''''''__'',",>=,,",,''.,,,:,"''~''-''''"''''''"1=<"---"":""-'-"""'-':"-':""",'="'~'.,=':"'""""''''''~'='-'''''''".",~,-"__,,,,,,,,,,,,,,=,,,-.>,,,,,..,,,,,-,,,_,,,. ="""','::':;.~.,-=o;.O'=:,;:""":'--"';=':.o;o.',o;;-,;;,,,,,:':.'::;-_."",""'.:." '<',," .,' 8894 Pro Tempore until the next election. The motion was seconded by Council Member Gartman and carried. Mayor Pinheiro shared that there would be many members of the Sister Cities visiting Gilroy from the Countries of Japan, Portugal, Mexico and France to enjoy the Garlic Festival and spoke on the 20 year anniversary of the Sister City of Takko Machi, Japan. XII. FUTURE COUNCIL INITIATED AGENDA ITEMS There were no Council initiated items. The Council adjourned to closed session at 9:35 p.m. XIII. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Clerk ADJOURN to Open Session. There were no closed session announcements. XIV. ADJOURNMENT TO MEETING OFAUGUST 4, 2008 4