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Minutes 2009/03/16 r ! ! GILROY CITY COUNCIL REGULAR MEETING MINUTES MARCH 16. 2009 I. OPENING Mayor Pinheiro called the meeting to order at 7:00 p.m. and led the pledge of allegiance. City Clerk Freels reported that the agenda had been posted on March 11, 2009 at 4:00 p.m. and the revised agenda had been posted at March 11, 2009 at 8: 15 p.m. Roll Call Present: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Council Member Craig Gartman;' Council Member Bob Dillon; Mayor AI Pinheiro; Mayor Pro Tempore Dion Bracco; Council Member Perry Woodward B. Orders of the Day 9034 Mayor Pinheiro announced that Item XI. A. Discussion and Council Direction Regarding Labor Negotiation Related Material Being Delivered to Council the Wednesday before the Council Meeting, was being moved to Item III. Council Reports under Council Member Gartman. C. Proclamations, Awards and Presentations Mayor Pinheiro read the Proclamation Naming March as Colorectal Cancer Awareness Month. Mayor Pinheiro read the Proclamation Naming March, 2009 as March for Meals Month Mayor Pinheiro announced the Volunteer of the Month Award for January, 2009 to Christine Carrillo of the Gilroy Senior Center Mayor Pinheiro presented the Volunteers of the Month Award for February, 2009 to the Members of the Gilroy Volunteers in Policing II. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Chris Valdez and Lea Peterson spoke on the downtown remodel asking if the City was planning any future remodel activities. Mayor Pinheiro spoke on the downtown sharing the issues with the various buildings in a range of conditions of remodel. Mayor Pro Tempore spoke on the map of pending applications available in the Community Development Department. B. Presentation for Support of the Relocation of the Battleship U.S.S. Iowa Mr. John Wofenburger spoke on his time on the USS IOWA and introduced the organization chair Marilyn Wong. Marilyn Wong spoke on the project sharing the formal effort to berth the USS IOWA on Mare Island, Vallejo, CA. She spoke on future funding and need for support from the various cities in the area, asking for letters of support to be continually considered by the Federal Government. She then spoke on the transfer of the vessel to the organization. Motion on Item II.B. Motion to support the effort and approve Council Member Dillon to write the letter of support from the City Council. Moved by Co,uncil Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI Pinheiro; Mayor Pro Tempore Dion Bracco; Council Member Perry Woodward III. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Bracco spoke on a recent newspaper article on pay raises within the City stating that he believed it was outrageous and a lack of leadership and good judgment to give raises and the buck needed to stop at the Council level. Council Member Arellano spoke on the Proclamation for collorectal cancer awareness week. 9035 Council Member Woodward ~. Discussion and Council Direction Regarding Valley Transportation (VT A) Authority Group (4) Four Board of Director's Alternate and Related Governance Matters Council Member Woodward spoke on the VTA Representatives position, sharing the request to relinquish the Alternate position to the Milpitas Representative in exchange for the removal of Milpitas from the South County grouping. He then asked the Council for their support of the proposition. Mayor Pinheiro spoke on the importance of Morgan Hill and Gilroy having its own voice as the South County group speaking in support of the request from Council Member Woodward. Public comment was opened. Connie Rodgers, member of the VT A Citizen's Advisory Committee, spoke in support of the request. Mayor Pinheiro suggested that a caveat be made to the motion include the requirement that Milpitas support the South County grouping change. Motion on Item III.A. Woodward Motion to approve the Gilroy VT A Representative to go forward with the recommendation to relinquish the Alternate position to Milpitas with the requirement that Milpitas support the South County grouping change to Gilroy and Morgan Hill. Moved by Council Member Craig Gartman, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI Pinheiro; Mayor Pro Tempore Dion Bracco; Council Member Perry Woodward A. Discussion and Council Direction Regarding Labor Negotiation Related Material Being Delivered to Council the Wednesday before the Council Meeting Council Member Gartman shared his request to have Closed Session materials on Labor Negotiations be delivered to Council the Wednesday before Council meetings. Motion on Item III.A. Gartman Motion to approve that all labor negotiation material shall be delivered to Council by 5:00 p.m. the Friday before the Council meeting. A closed session memo shall be included. Materials not available by Friday shall be em ailed to Council before the meeting. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Peter Arellano, M.D. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI Pinheiro; Mayor Pro Tempore Dion Bracco; Council Member Perry Woodward Council Member Gartman spoke on the Daffodil Day sharing his support of the American Cancer Society. Council Member Dillon requested a Closed Session be schedule the next Monday, March 23rd. MAYOR'S REPORT 9036 Mayor Pinheiro spoke on the Character Counts program with the school district and shared information that was handed out by GUSD. He spoke on the benefits to the City and asked to bring a Resolution back at the April 6th meeting in support of the program and have the city participate as a partner in the effort. The Council agreed to the resolution in support of the program. He then shared materials from the Cities Association on water fluoridation that had been handed out at a recent meeting and asked that a report be provided explaining why the City did not have fluoride in the water. He then provided information on the Santa Clara County Green Building Collaborative. Mayor Pinheiro then requested to reschedule the June 16th Regular City Council Meeting to June 8th at 7:00 p.m. after the Open Government Commission meeting. The Council unanimously agreed to the rescheduling. IV. CONSENT CALENDAR A. Minutes of March 2, 2009 Regular Meeting B. A Resolution 2009-06 of the City Council of the City of Gilroy Approving GPA 08-04, a General Plan Amendment to Change the General Plan Land Use Designation from Open Space to Neighborhood District on Approximately 35 Acres of Property East of Santa Teresa Boulevard, Between Thomas Road and Mesa Road, Portions of APN's 808-25-001, 002 AND 005 (Public Hearing heard March 2, 2009 with an affirmative vote) C. Adoption of Bicycle Pedestrian Commission Ordinance and Opening of Recruitment for (1) Full Term Seat of 4-Years (Item Heard March 2, 2009 with an affirmative vote) D. Resolution 2009-07 of the City Council of the City of Gilroy Declaring Certain Weeds Growing in the City of Gilroy to be a Public Nuisance, and Providing Notice of the Adoption of the Resolution by Publication Thereof E. Approval of Deferred Improvement Agreement No. 2009-01, 770 Renz Lane, Gilroy, CA. APN 841-10-053 by and Between the City of Gilroy and Planned Parenthood Mar Monte Council Member Gartman asked that the time of adjournment on the March 2, 2009 meeting minutes to be added. City Clerk Freels agreed that it could be. Motion on the Consent Calendar Items A. B. C. D. E Motion was made to approve the Consent Calendar Items A, B, C, 0, E with the addition of the time of adjournment on the minutes of March 2, 2009. Moved by Council Member Craig Gartman, seconded by Council Member Bob Dillon. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI Pinheiro; Mayor Pro Tempore Dion Bracco; Council Member Perry Woodward V. BIDS AND PROPOSALS - None VI. PUBLIC HEARINGS- None VII. UNFINISHED BUSINESS- None VIII. INTRODUCTION OF NEW BUSINESS 9037 A. Preliminary Official Statement Related to the Issuance of 2009 General Obligation Bonds by the City of Gilroy for the Gilroy Community Library Project The staff report was presented by Finance Director Turner. There was no public comment. Motion on Item VIII.A. Motion to Adopt Resolution 2009-08 of the City Council of the City of Gilroy Authorizing the Issuance and Sale of Not to Exceed $15 Million Principal Amount of General Obligations Bonds for the Gilroy Community Library Project and Authorizing Actions Related Thereto Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D., Council Member Cat Tucker; Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI Pinheiro; Mayor Pro Tempore Dion Bracco; Council Member Perry Woodward Second Motion on Item VIII.A. Motion to approve professional services agreement with Northcross, Hill and Associates. Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI Pinheiro; Mayor Pro Tempore Dion Bracco; Council Member Perry Woodward IX. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on the controversy of the salary issue and shared the Council adopted merit increase policy in the City HR Rules and Regulations. He explained that increases were given in conformance with the city practices and spoke to the timing of the increases stating that the increases were given in conformance with the long standing policy established many years prior. City Administrator Haglund stated that he did not believe the merit increases were discretionary and then spoke on negotiated COLA increases and the stepped merit increase in the policy. City Attorney Callon explained that the item that City Administrator Haglund was speaking on had not been agendized and couldn't be discussed in any detail. X. CITY ATTORNEY'S REPORTS - None XI. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Dillon requested a closed session on employee pay increases stating that he was hoping to address the issue at an additional meeting on March 23rd at 7:00 p.m. Council Member Tucker stated that the Floor Area Ratio item was on the April 6th agenda. Council Member Gartman stated that he had copied the front page of the Santa Clara ethics document hoping for a future study session on the issue of ethics. Mayor Pinheiro spoke on the issue of a study session for the Ethics program explaining that he had intended the Ethics program to be an addendum to the sunshine ordinance. 9058 He then stated that the City Administrator needed to provide the Council with his dates for the list of prioritized items from the goal setting session. City Administrator Haglund suggested that the scheduling of the goal setting items be brought to the Council the 2nd meeting of April or 1 st meeting of May. Mayor Pro Tempore Bracco stated that the Council was in the 3rd month of the year and needed the list of prioritized items. Council Member Gartman suggested that a City Administrator evaluation be held on March 23rd. Council Member Tucker asked if there could be discussion of wage freezes in closed session. City Attorney Callon explained that there could be no general discussion of the HR policy in closed session, but the issue of wage freezes could be addressed in regards to union negotiations in closed session. Motion to Hold a Special Meeting on March 23. 2009 to Evaluate the City Administrators Performance Motion to hold an evaluation of the City Administrators performance on March 23, 2009. Moved by Council Member Craig Gartman, seconded by Council Member Perry Woodward. Vote: Motion carried 5-2. Yes: Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI Pinheiro; Mayor Pro Tempore Dion Bracco; Council Member Perry Woodward No: Council Member Peter Arellano, M.D.; Council Member Cat Tucker Council Member Tucker suggested that the non-union employee's wage freezes be addressed on the April 6, 2009 agenda. Motion to Agendize an Item on March 23. 2009 on Wage Freezes for the Bargaining Units Motion to agendized an item on March 23, 2009 on wage freezes as it pertains to the bargaining units in Closed Session with the amendment that what is not covered under the bargaining units b'e addressed on the April 6th agenda. Moved by Council Member Craig Gartman, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Council Member Craig Gartman; Council Member Bob Dillon; Mayor AI Pinheiro; Mayor Pro Tempore Dion Bracco; Council Member Perry Woodward XII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8, Gilroy Code Section 17 A.8 (2)Property: 7380 Dowdy Street, Gilroy, Cross of Sixth and Dowdy Streets, Person's Negotiating: Rick Smelser, Other Party to Negotiations: Mondragon/Dalcin, Under Negotiation: Price and Terms of Payment B. CONFERENCE WITH NEGOTIATOR COLLECTIVE BARGAINING UNITS, Govt. Code section 54957.6, Gilroy City Code Section 17A.8 (5), City Negotiators: Thomas Haglund, City Administrator and LeeAnn McPhillips, City Human Resources Director, Collective Bargaining Units:, Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers, Anticipated issues(s) under Negotiation: Wages, Hours, Benefits, Working Conditions, Memorandums of Understanding: MOU between City of Gilroy and Gilroy Police Officers Association, Inc. r-~~ 9039 There were no Public Comments. The Council adjourned to Closed Session at 8:56 PM. e!1a~ ~ iJ~ -;- - AW~S, CMC City Clerk