Minutes 2009/04/20
City of Gilroy
City Council Minutes
April 20. 2009
I. OPENING
Mayor Pinheiro called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
City Clerk Freels announced that the agenda had been posted on April 15, 2009 at 12:00
noon.
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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
There were no changes to the agenda.
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C. Proclamations, Awards and Presentations
Mayor Pinheiro presented a Proclamation Naming April as Sexual Assault Awareness
Month
Mayor Pinheiro presented the Volunteer of the Month Awards for March 2009 to Sandra
Murillo and Jeff Burrell of Panera Bakery
Mayor Pinheiro presented the Volunteer of the Month Award for April 2009 to Barbara
Biafore
II. PRESENTATIONS TO COUNCIL
B. Annual Presentation to Council by the Youth Commission
Rachel Casarza, Sean Monroe, Sandra Cruz, Roberto Molina, Kim Apuzzo, Connie Kang
and Weilan Cui presented their annual report.
III. REPORTS OF COUNCIL MEMBERS
Mayor Pro Tempore Bracco spoke on the Gilroy Gardens board changes and announced
that the park was opening on May 4, 2009, He then shared the May 21 st National Science
Day educational program for GUSD.
Council Member Tucker shared the Visitors Bureau passport to the wineries event stating
that it was a huge success. She then stated that the Waste Commission was addressing
the single use plastic bags issue at their next meeting again.
Council Member Woodward spoke on the number of requests made of staff by individual
members of Council, suggesting that a tracking process take place to monitor the daily
impacts on staff in order to make future decisions regarding the possible need for a policy
on the issue.
Council Member Woodward
A. Discussion and Direction to Staff Regarding the Tracking of Information Requests
from Less than a Quorum of the Council
Council Member Woodward spoke on the number of requests made of the City
Administrator and staff by individual members of council suggesting that a tracking process
take place to monitor the daily impacts on staff.
Motion on Item IIl.A. Council Member Woodward
Motion: approve Provide Direction to Staff Regarding the Tracking of Information
Requests from Less than a Quorum of the City Council above 15 minutes and report
back in 3 months.
Moved by Council Member Perry Woodward, seconded by Mayor AI Pinheiro.
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
He then spoke on the EOC activation during the phone outage and commended the EOC
staff and ham radio operators for their work.
Council Member Gartman
Council Member Gartman stated that a Santa Clara Valley Water District meetings were
scheduled the following Wednesday, and again later in the month on the issue of rate
increases, stating that he would share the outcome of the meetings.
A. Discussion and Direction to Staff on Merit I Step Increases Practice
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Council Member Gartman spoke on the tacking of step increases suggesting that the
Human Resources rules and regulations be looked at by Council stating that the merit/step
increase practice may need to be looked at.
City Attorney Callon stated that there was a written policy and then spoke on the separation
of the issues of rules and regulations and bargaining negotiations.
Motion on Item II.A. Council Member Gartman
Motion: To discuss in closed session providing direction to staff regarding merit/step
increases practice
Moved by Council Member Craig Gartman, seconded by Council Member Cat Tucker.
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. Discussion of Council Members Talking with City Employees during Negotiating
Periods
Council Member Gartman asked for clarification of the practice.
City Attorney Callon spoke on the legality of the discussions during union negotiations.
Charles Sakai, Legal Counsel spoke on the legality of the discussions explaining that it was
unlawful for individual Council Members to talk directly with the principals during
negotiations. He explained that the definition was the give and take of negotiations or the
making of proposals that were not at the bargaining table.
C. Council Members Meet and Confer with All Four Union Representatives
Study Session on April 27, Open to the Public. Not a Closed Session.
Council Member Gartman stated that he had 3 objectives: he wished to ensure that the
public knew that the Council cared about the welfare of the City employees, he wanted to
hear directly from the union representatives and have them hear from Council, and have all
4 organized labor groups listen to each other's concerns.
Motion on Item II.C. Council Member Gartman
Motion: to not hold a Special Meeting that is open to the public for Council Members
to meet and confer with all four union representatives
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Peter
Arellano, M.D..
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
D. Discussion and Direction to Staff Concerning the Gilroy Library Oversight
Committee Membership and Roles and Responsibilities
Council Member Gartman stated that a member of the community had asked if the
oversight committee had provided input explaining that he was seeking Council's direction
to staff. He shared the membership as spelled out in the library bond explaining that many
oversaw expenditures on a monthly basis.
Motion on Item 11.0. Council Member Gartman
Motion: to provide direction to staff to bring back the make-up of the oversight
committee with their roles and responsibilities, using the usual and customary
practices of oversight committees from other cities as an example
Vote: Motion carried 7-0.
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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
Council Member Dillon suggested the Council limit Council report items to a maximum of 2
items per meeting.
Mayor Pinheiro spoke on the "Coffee with the Mayor" events as a way to open up
conversations with the public in an informal setting. He spoke on the success of the EOC
during the phone outage and reminded everyone of the Memorial Day parade.
IV. CONSENT CALENDAR
A. Minutes of the April 6, 2009 Regular City Council Meeting
B. Acceptance of Completion, Reservoirs A & B Interior Recoat, Project No. 08- CDD-
150C. Approval of Regular Council Meeting Date Change from June 15, 2009 to
June 8, 2009 (Discussed at March 16,2009 City Council Meeting)
C. Approval of Regular Council Meeting Date Change from June 15, 2009 to June 8,
2009
Motion on Consent Calendar Items A. B. C
Motion: to Approve Items A, B, C
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
V. BIDS AND PROPOSALS
There were no bids or proposals.
VI. PUBLIC HEARINGS - None
VII. UNFINISHED BUSINESS
A. COPS Edward Byrne Memorial Competitive Grant for Graffiti Abatement,
Probation and Support Programs
Chief Turner presented the staff report.
Public comment was opened.
Kirkish spoke in support of the opportunity stating that public safety needed to be stepped
Public comment was closed.
Motion on Item VII.A.
Motion: approve Application for Grant Subject to Final Grant Approval by Council
Moved by Council Member Craig Gartman, seconded by Council Member Cat Tucker.
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. Approval of Temporary Account to Hold Funds for the Gilroy Community
Organization IMemorial Day Parade
Motion on Item VII.B.
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Motion: approve the temporary account to hold funds for the Gilroy Community
Organization/Memorial Day Parade.
Moved by Council Member Bob Dillon, 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 Craig Gartman; Council Member Cat
Tucker; Mayor AI Pinheiro
No: Council Member Perry Woodward
VIII. INTRODUCTION OF NEW BUSINESS
There were no new business items.
IX. CITY ADMINISTRATOR'S REPORTS
A. Santa Clara Valley Water District Pump Tax Public Hearing Dates
City Administrator Haglund shared the dates with Council stating that May 6th was the date
that the board would be in south county.
He then shared the EOC activities from the event of April 9,2009.
He then spoke on the gateway district item suggested by Mr. Gurries explaining that the area
did have the use designations as suggested, and the zoning ordinance would be amended.
He concluded by stating that the bond sale would take place the next day.
X. CITY ATTORNEY'S REPORTS
There was no report.
XI. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Arellano asked if there were any other stimulus package grants being
reviewed by staff.
XII. CLOSED SESSION
A. LIABILITY CLAIM, Pursuant to Government Code Section 54956.95
Claimant: Jose Francisco Sanchez
Agency Claimed Against: City of Gilroy
B. 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-
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
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 101, 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 The Firefighters
Local 2805, IAFF Fire Unit; Petition for Representation of the Gilroy Management
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Association; MOU Between City of Gilroy and AFSCME, Local 1 01; MOU between City of
Gilroy and Gilroy Police Officers Association, Inc.
There were no public comments.
The Council adjourned to closed session at 9:35 p.m.
ADJOURN to Open Session, Public Report of any action taken in Closed Session and the
te or abstention of each Councilmember, if required by Government Code Section
957.1.and Gilroy Code Section 17A.13 (a), Public Report of the vote to continue in closed
ssion if required, Gilroy Code Section 17A.11(e)
Closed Session Announcement:
The City Council met in Closed Session regarding labor negotiations and provided direction
its designated representatives. A Closed Session is scheduled for 6 p.m. next Monday
night, April 27, 2009.
XIII. ADJOURNMENT TO THE MEETING OF MAY 4, 2009
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