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Minutes 2009/04/06 9041 City of Gilroy City Council Meetina Minutes April 6. 2009 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Nehim of the Bahai Community gave the invocation. City Clerk Freels announced that the agenda had been posted on April 1, 2009 at 10:30 a.m. Roll Call Present: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig-Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Orders of the Day City Administrator Haglund asked that Item IV. D. be pulled from the agenda to be heard at the April 20, 2009 meeting. Council Member Woodward asked to have Item IV.A. Minutes pulled from the agenda. Motion to pull items IV.D. and IV.A. from the aaenda Moved by Mayor Pro Tempore Bracco, seconded by Council Member Woodward Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro C. Proclamations, Awards and Presentations Mayor Pinheiro read a Proclamation Naming April 24, 2009 as "Arbor Day" in the City of Gilroy Mayor Pinheiro presented a Proclamation Naming April as "Donate Life California" Month in the City of Gilroy II. PRESENTATIONS TO COUNCIL There were no public comments on items not on the agenda. III. REPORTS OF COUNCIL MEMBER'S Council Member Gartman. A. Consideration of Holding a Study Session to Address the Santa Clara Valley Water District's Mandatory 15% Water Conservation Measure Council Member Gartman presented the item sharing the mandatory 15% reduction announcement from the Water District. He explained that he wanted to hold a study session on the topic. After discussion there was no consensus to bring the item forward in a study session. 9042 MAYOR'S REPORT A. Temporary Account to Hold Funds for the Gilroy Community Organization/Memorial Day Parade and Information on the Reimbursement of City Incurred Event Costs Mayor Pinheiro shared the Memorial Day Parade Committee plans to form an organization titled "The Gilroy Community Organization" as a 501 C3. He then explained that the organization wanted to deposit their funds through the City of Gilroy c/o Gilroy Community Organization for the Memorial Day event until their 501 C3 status was made. He explained that the organization would be paying for many of the costs that the City had been incurring in the past such as providing the liability insurance and use of the City staff. City Attorney Callon stated that the City could be subjected to some liability with the holding of the funds, but she would need to know what type of documents the 501 C3 was being formed under. She then suggested that the organization form an escrow account. The Council agreed to allow the organization to process their donations through the City (Council Members Woodward and Gartman against). Mayor Pinheiro then explained that the City had historically provided staffing and insurance for the event in the past years. He then explained that the City would be reimbursed for the staff needed to help support the parade event. Mayor Pinheiro then shared a handout of a presentation that he and City Administrator Haglund had attended on the credit rating for bonding. He then announced that he would be conducting "Coffee with the Mayor" for members of the community to meet with him in open forums. N.CONSENTCALENDAR B. Notice of Acceptance of Completion, Property Improvement Agreement 2003- 02, Tract 9467 - Trimble Court, APN 790-08-012 & 013, South County Community Builders, a California Non Profit Corporation C. Resolution in Support of GUSD Character Counts Program Motion on Consent Calendar Items B & C Motion: Approve Items Band C on the Consent Calendar Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro A. Minutes of March 16, 2009 Regular Meeting and March 23, 2009 Special Meeting Council Member Woodward asked that an amendment be made to the minutes of March 23, 2009 changing the name of the POA President to Mitch Madruga. Council Member Gartman suggested that the language of the motion for Item 1I1.A. in the minutes of March 16, 2009 be amended as the motion language was confusing. ! Motion on Item A. Minutes of March 16. 2009 Motion: to approve amendment to the motion language of Item III.A. in the minutes of March 16, 2009 as follows: Motion to approve that all labor negotiation material shall be delivered to the 9043 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 emailed to Council before the meeting. Moved by Council Member Craig Gartman, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro V. BIDS AND PROPOSALS There were no bids or proposals. VI. PUBLIC HEARINGS A. Public Hearing to Review the Proposed Community Development Block Grant Public Service Funding Allocations and Housing Trust Fund Allocations for Program Year 2009 (July 1,2009 - June 30, 2010) The staff report was presented by Housing and Community Development Manager Roaf. Yani Mudrose, of the Citizens Advisory Committee presented the committee recommendations. The public hearing was opened. Lillian Silva spoke on the funding stating that her grandchildren had all participated in MACSA for many years. Perla Flores spoke on the funding use by Community Solutions. Art Barron spoke on the MACSA program funding needs and the affordable alternatives offered to Gilroy's youth. Rocio Reyes of the Family Literacy Program spoke in favor of the funding support for their program. America Alonzo spoke on the benefits to the participants of the MACSA program. Maria Morales spoke in support of the MACSA program stating that her son used the after school programs and had raised his reading from the 25% to the 90%. She then explained that her daughter was in the Family Literacy program and the program was very important to her whole family. Francis Retz spoke on the volunteer work done by community members and the positive impacts to the children that participated in the MACSA program. Cheryl Huguenor spoke on the financial support to the Live Oak Adult Day Services program and thanked the Council for the CDBG program process. Juanita Luna of the Junior Giants program spoke in support of the funding for the program. Jimmy Prado spoke on his volunteer efforts with the Junior Giants program explaining that sports activities built self esteem and kept children focused. Christine Soto spoke in support of funding for the Junior Giants program. The public hearing was closed. 9044 Motion on Item VI.A. Motion: approve Accept all recommendations in their entirety. Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 6-1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D. VII. UNFINISHED BUSINESS A. Appointment of Arts and Culture Commission Member to Serve 1 year of an Un-expired Term Ending December 31,2009 There were no public comments. Motion on Item VII.A. Motion: approve appointment of L Mattock Scariot as a member to the Arts and Culture Commission with a Term Ending December 31, 2009 Moved by Council Member Cat Tucker, seconded by Council Member Craig Gartman. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Recommendation to the California High Speed Rail Authority for Review in the Preparation of the Project Level EIRlEIS Study for the California High-Speed Train System from San Jose to Merced The staff report was presented by Transportation Engineer Dey. There were no public comments. Motion on Item VII.B. Motion: to forward recommendations to the California High Speed Rail Authority for review in the preparation of the Project Level EIRlEIS study for the California High-Speed Train System from San Jose to Merced Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro C. Introduction of an Ordinance Amending the Gilroy City Code Chapter 2, Article 2 Titled "City Council", Section 2.13 Titled "Regular Meetings" Amending the Regular Meeting Start Time to 6:00 p.m. The staff report was presented by City Clerk Freels. Motion on Item VII.C. Motion: To read the ordinance by title only and waive further reading of the ordinance. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro 9045 Failed Motion on Item VII.C. Motion: To Introduce an Ordinance of the City Council of the City of Gilroy Amending Chapter 2, Article II. Section 2.13 Titled "Regular Meetings" Amending the Regular Meeting Start Time to 6:00 p.m. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion failed 3-4. Yes: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward D. Approval of Harley Ellis Devereaux as Sole Source Provider for Design Services to Complete the New Library Design and Authorization of the Execution of a Proposal in the Amount of $94,850. with Harley Ellis Devereaux to Establish a Scope of Work for the Final Design Phase The staff report was presented by Transportation Engineer Dey. There were no public comments. Motion on Item VII.D. Motion: To Approve Harley Ellis Devereaux as Sole Source Provider for Design Services to Complete the New Library Design and Authorization to Execute an Agreement with Harley Ellis Devereaux in the Amount of $94,850 to Complete the Final Design Phase of the New Library Moved by Council Member Peter Arellano, M.D., seconded by Council Member Bob Dillon. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VIII. INTRODUCTION OF NEW BUSINESS A. Resolution the City Council of the City of Gilroy Rescinding Resolution 95-77 and Establishing New Procedures and Penalties for Parking Violations and Late Payment Penalties The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item VIII.A. Motion: To Adopt a Resolution of the City Council of the City of Gilroy Rescinding Resolution 95-77 and Establishing New Procedures and Penalties for Parking Violations and Late Payment Penalties. Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman B. Authorization of the Acceptance of $90,369 in Edward Byrne Memorial Justice Assistance Grant Funds for the Purchase of Equipment and Continuation of the DARE Program through June 30, 2010 The staff report was presented by Police Chief Turner. There were no public comments. 9046 Motion on Item VIII.B. Motion: approve Motion to Authorize the Acceptance of $90,369 in Edward Byrne Memorial Justice Assistance Grant Funds and Authorization of the Purchase of Equipment and Continuation of the DARE Program through June 30, 2010 Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Peter ~rellano, M.D. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro C. Authorize Staff to Prepare a Competitive COPS Hiring Recovery Program Grant Application for the Rehiring of Seven Vacant Police Officer Positions Police Chief Turner presented the staff report. There were no public comments. Council Member Woodward asked for the record if the Chief believed the Police Department was under staffed. Chief Turner stated that the department was not meeting the targets that were a goal to achieve. Failed Motion on Item VIII.C. Motion: To Authorize Staff to Prepare a Competitive COPS Hiring Recovery Program Grant Application for the Rehiring of Seven Vacant Police Officer Positions - Option 3 and the grant shall not be accepted without City Council approval and the legal opinion of the Federal Statute. Moved by Council Member Craig Gartman, seconded by Council Member Bob Dillon. Vote: Motion failed 1-6. Yes: Council Member Craig Gartman No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Motion on Item VIII.C Motion: To Authorize Staff to Prepare a Competitive COPS Hiring Recovery Program Grant Application for the Rehiring of Seven Vacant Police Officer Positions (Option 3) and the grant shall not be accepted without City Council approval. Moved by Council Member Craig Gartman, seconded by Council Member Bob Dillon. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Cat Tucker D. Authorization of the Execution of a Downgrade Provision Waiver with MBIA, Inc. to Maintain Collateralized Funds Related to the 1999A Revenue Bonds for the South County Regional Wastewater Authority Expansion Project The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item VIII.D. Motion: To Authorize the City Administrator to Execute a Downgrade Provision Waiver with MBIA, Inc. to Maintain Collateralized Funds Related to the 1999A 9047 Revenue Bonds for the South County Regional Wastewater Authority Expansion Project Moved by Council Member Peter Arellano, M.D., seconded by Council Member Craig Gartman. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro IX. CITY ADMINISTRATOR'S REPORTS A. Update on Graffiti Issues Chief Turner presented the City Council with an update on graffiti in the City. There were no public comments. Motion on Item IX.A. Motion: To Direct the City Administrator to bring the item back for a vote with a report on how to fill the graffiti abatement position. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Perry Woodward. Vote: Motion carried 5-2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Council Member Cat Tucker IX. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on the recent Santa Clara County Assessor media release on property tax reassessments sharing the number of reassessments in the City and work on identifying the financial impacts to the City. He explained that the property tax would impact the city in the following fiscal year. He then spoke on the preliminary fourth quarter sales tax revenue and continued decline from the third quarter stating that the anticipated revenue was approximately an additional $500, 000 in revenue loss brining the City to a $4.3 million draw on the FY 2008/2009 general fund. X. CITY ATTORNEY'S REPORTS XI. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Tucker suggested a discussion item on a future agenda to look at a 10% reduction in pay for Supervisors, Managers and Department Heads. Council Member Woodward suggested that zoning at the gateway to the downtown as presented by Mr. Gurries during the study session be agendized for a future study session. The Council unanimously agreed to place the item on a future agenda. Council Member Arellano spoke on agendizing the Floor Area Ration for residential development on a future agenda. The Council unanimously agreed to place the item on a future agenda. XII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8, Gilroy Code Section 17 A.8 (2) Properties: North Side of Highway 152, West of Burchell Road, Gilroy, APN 783-05- 90'48 013, North Side of Highway 152, East of Burchell Road, Gilroy, APN 783-04- 005,Person's Negotiating: Charlie Krueger, Engineer II Other Party to Negotiation: California Department of Transportation Under Negotiation: Price and Terms of Payment B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957, Gilroy City Code Section 17A.8 (a) (4) Name/Title: Shawna Freels, City Clerk C. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNITS Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5) City Negotiators: Thomas Haglund, City Administrator and LeeAnn McPhillips, City Human Resources Director, Charles Sakai, City Legal Counsel Collective Bargaining Units: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters Gilroy Management Association Representing Employees Designated as "Exempt", Excluding Confidential and Council Appointed Employees AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 1 01 Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers Anticipated Issues(s) Under Negotiation: Wages Memorandums of Understanding: MOU between City of Gilroy and Gilroy Police Officers Association, Inc., MOU Between City of Gilroy and AFSCME, MOU Between City of Gilroy and The Firefighters Local 2805, IAFF Fire Unit; Petition for Representation of the Gilroy Management Association There were no public comments on Items XII.A, XII.B. or XII.C. The Council Adjourned to Closed Session at 10:45 p.m. There were no closed session announcements. 11