Minutes 2009/05/18
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City of Gilroy
City Council MeetinCl Minutes
May 18. 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 May 13, 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
There were no agenda changes.
C. Proclamations, Awards and Presentations
Mayor Pinheiro presented the Proclamation designating Mayas Foster Parents Month.
Mayor Pinheiro read the Proclamation naming Hepatitis B Awareness Week.
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
Sandra Sammut shared the summer activity guide with the Council and the public and
highlighted some of the featured events.
B. Santa Clara Valley Health and Hospital System Presentation
Fong Winn of the Obstetrics and Gynecology diVision at Valley Medical Center gave the
presentation.
C. Gilroy Chamber of Commerce Presentation of Recommendation to Place a
Measure on the Spring 2010 Ballot Repealing Binding Arbitration
Susan Valenta, President of Gilroy Chamber Commerce and Christina Chavez of the
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Government Relations Committee of the Gilroy Chamber of Commerce, shared their
presentation.
Charles Sakai, City Legal Counsel, spoke on the issue of bargaining with the unions to
place the item on the ballot explaining that it was a question of Interest arbitration and
would need to be addressed in negotiations. If no agreement was made during
negotiations, then the item could go forward at the City level to be placed on the ballot.
Public comment was opened.
Jim Buessing spoke against placing the initiative on the ballot.
Moe McHenry spoke against placing the initiative on the ballot.
Tim Day spoke in favor of placing the initiative on the ballot.
Public comment was closed.
Charles Sakai spoke on the arbitration process with regards to binding arbitration and
then spoke on the supreme court case on the issue. He then spoke on ways to go
through arbitration sharing the variety of forms of interest arbitration.
Susan Valenta stated that the Chamber would make a commitment to support the
measure to let the voters decide. She then stated that the Chamber Board would need
to make a policy statement and would campaign within the confines of their
organizations structure.
Council Member Woodward asked for a roll call vote on the item.
Failed motion on Item II.C.
Motion: to agendize for a future meeting within 30 days with a resolution to place
the item on the Spring 2010 ballot
Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon.
Vote: Motion failed 3-4.
Yes: Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro
No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Craig Gartman; Council Member Perry Woodward
Motion on Item II.C.
Motion: to approve that a resolution be drafted for a study session on the issue in
December 2009.
Moved by Mayor AI Pinheiro, seconded by Council Member Bob Dillon.
Vote: Motion carried 5-2.
Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council
Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
No: Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman
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III. REPORTS OF COUNCIL MEMBERS
Council Member Bracco reminded everyone about the Memorial Day parade.
Council Member Gartman requested that staff look at a bush that was encroaching on
the road on the south side of Santa Teresa on Miller.
Mayor Pinheiro reminded everyone of the Special Election on May 19th, spoke on the
Memorial Day Parade, and the discussions between SCRWA and SCVWD joint meeting
on water rate increases and then spoke on the City of Los Altos grant writing committee
of members of the community.
IV. CONSENT CALENDAR
A. Minutes of May 4, 2009 Regular Meeting
Motion on Item the Consent Calendar
Motion: to approve Item IV.A.
Moved by Mayor Pro Tempore Dion Bracco, 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
V. BIDS AND PROPOSALS
A. Approval of Bid for the Chestnut Street Bicycle Pedestrian Bridge Project
Federal Project No. CML-5034 (015), Project No. 09-CDD-169\
The staff report was presented by City Transportation Engineer Dey.
City Attorney Callon spoke on the advantage of the lowest bidder if the item went back
out with the knowledge of what the other bidders had submitted. She stated that the
Council could take the opportunity to reject all bids and stated that it was a material
defect to not have submitted the information as requested in the bid. She also explained
that if the bidders did not want to provide one of the city preferred providers, they could
have submit their own as described In the bid documents.
Public comment was opened.
Kevin Albanese, bidder on the project, shared the bid documents provided and spoke
on state law requirements. He spoke on the invitation to bid and bid documents and the
requirement to list a supplier for the bridge. He stated that his bid had a minor
Irregularity and stated that the majority of the other bidders had not provided the same
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information, asking the Council to award the bid to his company, JJA as they were the
lowest bidder. He then stated that he felt his company was bound to using one of the
pre approved bridge manufacturers.
City Attorney Callon stated that the requirement was a material term of the bid and
could not be waived.
Motion on Item V.A.
Motion: Rejecting Bids from Joseph J. Albanese, Inc., Nexgen Builders, Inc.,
Guerra Construction Group and Monterey Peninsula Engineering due to Non-
responsiveness
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion
Bracco.
Vote: Motion carried 5-2.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Perry Woodward; Mayor AI
Pinheiro
No: Council Member Craig Gartman; Council Member Cat Tucker
Second Motion on Item V.A.
Motion: approve bid from Trinchero Construction Co., Inc in the Amount of
$329,829.00 for Project No. 09-CDD-169
Moved by Council Member Bob Dillon, seconded by Council Member Peter
Arellano, M.D..
Vote: Motion carried 5-2.
Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion
Bracco; Council Member Bob Dillon; Council Member Perry Woodward; Mayor AI
Pinheiro
No: Council Member Craig Gartman; Council Member Cat Tucker
VI. PUBLIC HEARINGS
There were no public hearing items.
VII. UNFINISHED BUSINESS
A. New Library Leadership in Energy and Environmental Design (LEE D)
Presentation
David Richards, the consultant on the project, gave the presentation.
The Council agreed to proceed with LEED Gold using the existing building design.
VIII. INTRODUCTION OF NEW BUSINESS
There were no new business items.
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IX. CITY ADMINISTRATOR'S REPORTS
X. CITY ATTORNEY'S REPORTS
XI. FUTURE COUNCIL INITIATED AGENDA ITEMS
The Council agreed to agendize the discussion of paying prevailing wage for the library
project at a future meeting (Council Member Arellano voting no)
The Council agreed to agendize the discussion of Piece Labor Agreement for a future
meeting.
XII. CLOSED SESSION
A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNITS
Pursuaht to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5)
City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human
Resources Director; Charles Sakal, City Legal Counsel; Christina Turner, Finance
Director; Dale Foster, Fire Chief; Denise Turner, Police Chief
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 1 01 Representing Employees Affiliated with AFSCME, Local 101
Gilroy Police Officers Association, Inc. Representing Gilroy Pdlice Officers
Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Condition
Memorandums of Understanding:
MOU Between City of Gilroy and The Firefighters Local 2805, IAFF Fire Unit; Petition
for Representation of the Gilroy Management Association; MOU Between City of Gilroy
and AFSCME, Local 1 01; MOU Between the City of Gilroy and Gilroy Police Officers
Association, Inc.
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, Gilroy City Code Section 17A.8 (a) (4)
NamefTitle: Thomas Haglund, City Administrator
There were no public comments.
The Council adjourned to closed session at 10:41 p.m.
Closed Session Announcement:
The City Council met in Closed Session and provided direction to the negotiation team.
XIII. ADJOURNMENT