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