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Minutes 2009/06/08 City of Gilroy City Council Meetina Minutes Special Meetina/Reaular Meetina June 08. 2009 I. CALL TO ORDER Mayor Pinheiro called the special meeting to order at 6:00 p.m. Roll Call Present: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent/Excused: Council Member Peter Arellano, M.D. II. CLOSED SESSION A. 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; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, 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 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; MOU Between the City of Gilroy and Gilroy Police Officers Association, Inc. B. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6 Unrepresented Employees: Finance Director, Human Resources Director, Fire Chief, Police Chief, Assistant Finance Director, Budget Analyst City Negotiator: Thomas Haglund, City Administrator Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Public Comment on Items II.A and II.B. Caitlin Filice-Hollar spoke on the reductions to the Police force as suggested by Council and shared statistics on the crime rate in the city. Mitch Madruga of the Gilroy Police Officers Association stated that the association was providing a fair compromise and shared the issues with retention of officers. He spoke 9074 on staffing levels and spoke on working together with the POA stating that he hoped that there would be agreement. The Council adjourn to Closed Session Council Member Peter Arellano, M.D. joined the meeting at 6:12 p.m. The Council Adjourned to Open Session. Closed Session Announcement: The Council accepted the unrepresented group's proposal with a 5-2 vote and also accepted the Fire proposal with a 6-1 vote. The Council also instructed staff to go back to the POA under direction from the Council, with additional information. Vote on Acceptance of Unrepresented Employees Proposal AYES: Council Members: Arellano, Bracco, Dillon, Tucker, Pinheiro NOES: Council Members: Gartman, Woodward Vote on Local 2805. IAFF Fire Unit Representina Gilroy Fire Fiahters Proposal AYES: Council Members: Arellano, Bracco, Dillon, Tucker, Pinheiro, Woodward NOES: Council Member: Gartman REGULAR MEETING I. OPENING A. Call to Order Mayor Pinheiro called the regular meeting to order and led the Pledge of Allegiance City Clerk Freels reported that the agenda had been posted on June 3, 2009 at 5:00 p.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 Mayor Pinheiro announced that Item VIII.B. was a request to be continued by the applicant. C. Proclamations, Awards and Presentations - None 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 Gilroy Police Officer Daniel Castaneda spoke on the reduction of customer service at all levels of the City due to the reduction of City employees. He spoke on the decline of employee morale and the loss of experienced personnel in the Police Department. He concluded by stating that at one time city employees gave 100%. Mark Zappa spoke on the quality of work of Daniel Castaneda as a Police Officer in a previous city and in the City of Gilroy, stating that he was a rising star. He then spoke on the use of reserve funds and the reserve lands of the city explaining that public safety was declining and the City Council continued to take cuts of personnel and benefits. He stated that the timing was poor stating the City would not retain quality staff and would !}075 be a training ground, asking the Council to stop the degradation of talent in the City of Gilroy. B. Library Commission Annual Presentation The presentation was given by Library Commissioner Carol Smith. III. REPORTS OF COUNCIL MEMBERS There were no reports. MAYOR'S REPORT Mayor Pinheiro stated that Council Member Arellano and he had met with Federal Congressman Honda IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pinheiro asked the Council to direct staff to bring back a Resolution for a 10% cut in City Council pay with no CPI increases for 2 years. The Council agreed. ~ CONSENT CALENDAR Mayor Pinheiro asked to pull Item V.s. Council Member Gartman asked to pull items V.A, E, F, G, H, I and J. C. Joint Use Agreement with Santa Clara Valley Water District for the Construction and Maintenance of a Pedestrian Bridge Across Lions Creek at the Terminus of Tapestry Drive D. Acceptance of Grant Deed from Santa Clara Valley Water District for Right of Way for the Widening of Santa Teresa Boulevard at Lions Creek, APN 783-16- 022 Motion on Consent Items C and 0 Motion: approve Approval of Items C and 0 Moved by Council Member Cat Tucker, 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 B. Resolution of the City Council of the City of Gilroy Setting Forth Permissible Games Authorized for Play in Cardrooms Pursuant to Gilroy Municipal Code Section 16.6-1, Et. Seq. Mayor Pinheiro recused himself stating that he insured the building that housed the cardroom and he then left the dais. Motion on Consent Item B Motion: approve of Item B Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 6-0-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward Absent: Mayor AI Pinheiro 9,076 Mayor Pinheiro returned to the dais. A. Approval of Budget AmendmentslTransfers Finance Director Turner presented the item. E. Approval of Property Improvement Agreement 2009-1, Gilroy Unified School District, Christopher High School, APN 783-16-020 City Administrator Haglund presented the item. F. Resolution of the City Council of the City of Gilroy Amending Resolution 2007-57 and Authorizing Participation in the Local Agency Investment Fund and Naming Officers to Order Deposits and Withdrawals I. Resolution of the City Council of the City of Gilroy Amending Resolution No. 2007-58 Authorizing Officers Who May Conduct financial Transactions on Behalf of the City of Gilroy Finance Director Turner presented the items. J. Resolution of the City Council of the City of Gilroy Setting Tax Rate for Fiscal Year 2009-2010 with Respect to General Obligation Bonds Finance Director Turner presented the item. Motion on Consent Items A. E. F. I. J Motion: approve Consent items A, E, F, I, J omitting "or their successors" in the language in the Resolutions - items F and I Moved by Council Member Peter Arellano, M.D., 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 -",<,~ City Attorney Callon suggested that items G and H be agendized under their respective agencies at a future meeting. G. Resolution of the Board of Directors of the Gilroy Industrial Development Authority Amending Resolution No. 2003-01 Approving Participation in the Local Agency Investment Fund and Naming City Officials Authorized to Order Deposits and Withdrawals H. Resolution of the Community Development Agency of the City of Gilroy Amending Resolution No. 2003-02 Approving Participation in the Local Agency Investment Fund and Naming City Officials Authorized to Order Deposits and Withdrawals Motion on Consent Items G and H Motion: approve re agendize items G and H under their designated boards. Moved by Council Member Peter Arellano, M.D., 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 - VI. BIDS AND PROPOSALS - None VII. PUBLIC HEARINGS 9077 A. Public Hearing for the Consideration of the Adoption of the Fiscal Year 2010 and fiscal Year 2011 Budget of the City of Gilroy The staff report was presented by Finance Director Turner. The public hearing was opened. There being no public comment, the public hearing was closed. Motion on Item VII.A. Motion: to Adopt Resolution 2009-19 for the City Budget for fiscal Years 2010 and 2011 and Appropriating Proposed Expenditures for the Purposes Set Forth in the Budget Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. 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 Second Motion on Item VII.A. Motion: to Adopt Resolution 2009-20 Setting the Appropriation Limit for Fiscal Years 2010 Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. 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 Third Motion on Item VII.A. Motion: to Approve the Fiscal Year 2010 and Fiscal Year 2011 Capital Improvement Budget for City Budget Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. 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 fourth Motion on Item VII.A. Motion: to Approve the Fiscal Year 2010 and fiscal Year 2011 South County Regional Wastewater Authority (SCRWA) Operating and Capital Improvement Budgets 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 B. Public Hearing to Consider the Revision and Adjustments of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy The staff report was presented by City Administrator Haglund. The public hearing was opened. 9078 Phil Couchee of South Valley Disposal spoke on the adjustment of rates explaining that there could possibly be no increase the following year due to the downward costs of motor fuel. He then spoke on the quarterly reporting of the reserve fund. The public hearing was closed. Motion on Item VII.B. Motion: to Maintain Existing Rates and Establish a Rate Smoothing Fund Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Craig Gartman. Vote: Motion carried 5-2. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Mayor AI Pinheiro No: Council Member Cat Tucker; Council Member Perry Woodward V.lII. UNFINISHED BUSINESS A. Leadership in Energy and Environmental Design (LEED) Presentation for the New Library Facility The staff report was presented by City Engineer Smelser. Motion on Item VIII.A. Motion: to Provide Direction to Staff to do everything that is obtainable. Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. 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. General Plan Amendment to Amend the Hecker Pass Specific Plan to Allow Residential Development Within the Area Currently Designated as "Community Facilities" District; and Allocation of 15 Residential Units at a Property Located at 1690 and 1750 Hecker Pass Highway, APN's 810-20-003, 004-009, 011-013; 810-21-001,002-005; 783-04-011, 018; 783-03-002, 003, 070; 783-02-004, 009, 010,020,026,030-033, South Valley Community Church Applicant, GPA 07-05 [(Public Hearing held June 1, 2009)(Applicant requesting continuance to July 6, 2009 Regular Meeting)] Public comment was opened. Susan Bassi spoke in opposition to the continuance of the item speaking on the potential loss of property values for the property owners surrounding the project area. She spoke on the lack of a necessity to add the additional units as requested that the Council adhere to the Hecker Pass Specific Plan. Public comment was closed. Motion on Item VIII.B. Motion: to Continue the item to the July 6, 2009 Regular Meeting Moved by Council Member Bob Dillon, 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 IX. INTRODUCTION OF NEW BUSINESS A. Resolutions of the City Council of the City of Gilroy Approving Concession 9079 Agreements with AFSCME Local 101, Gilroy Management Association and Unrepresented Employees Public comment was opened. Gary Muroaka, President of the AFSCME spoke on the vote of 53-24 in favor of the proposal before the Council. There were no further public comments. Motion on Item IX.A. Motion: to Adopt a Resolution 2009-21 of the City Council of the City of Gilroy Approving Concession Agreement with AFSCME, Local 1 01 Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 5-2. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Craig Gartman; Council Member Perry Woodward Second Motion on Item IX.A. Motion: approve Motion to Adopt Resolution 2009-22 of the City Council of the City of Gilroy Approving Concession Agreement with Gilroy Management Association Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob Dillon. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Mayor AI Pinheiro No: Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward Third Motion on Item IX.A. Motion: approve Motion to Adopt Resolution 2009-23 of the City Council of the City of Gilroy Approving Concession Agreement with Unrepresented Employees Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob Dillon. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Mayor AI Pinheiro No: Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward B. Consideration of a Request to Waive Filing Fee of $600.00 for an Appeal of a Planning Commission Decision The staff report was presented by City Administrator Haglund. City Attorney Callon explained that there was no provision for the appeal of the fee. Motion on Item IX.B. Motion: to not go forward with the item. Moved by Council Member Perry Woodward, 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 Raul Acosta spoke on the right to appeal the project and inability for the members of the 9080 facility to raise funds to file the appeal. C. Approval of a Lease Agreement Between the City of Gilroy and Robert's Construction Company, Inc. for the Temporary Housing of the Gilroy Library The staff report was presented by City Administrator Haglund. Public comment was opened. Melinda Cervantes of the Santa Clara County Library JPA spoke on the location chosen for the temporary site explaining that it was the preference of the Authority. Public comment was closed. Motion on Item IX.C Motion: to Approve Lease Agreement with Robert's Construction Company, Inc. 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 Cat Tucker; Mayor AI Pinheiro No: Council Member Craig Gartman; Council Member Perry Woodward D. Consideration of a New Loan Request by South County Housing Council Member Woodward recused himself stating that he owned a home in the subject site. He then left the dais. Public comment was opened. Joe Laguna spoke on cleaning up the surrounding neighborhoods. Dennis Lalor of South County Housing stated that the message of the Council had been heard in regards to the issue of risk. He then spoke on construction and the future sale of the homes and spoke on the use of the housing trust fund monies to allow people to use the first time home buyer program. He concluded by explaining that it was very positive for the area and the city. Public comment was closed. Motion on Item IX.D. Motion: to Approve Loan Request by South County Housing Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 4-2. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Bob Dillon; Council Member Craig Gartman Absent: Council Member Perry Woodward Council Member Woodward returned to the dais. E. Review of Annual City Costs of Council Member Benefits and Comparison to Other Cities The staff report was presented by Human Resources Director McPhillips. There were no public comments Motion to Call for the Question On Item IX.E. Motion: Call for the Question on Item IX.E. 9081 Moved by Mayor AI Pinheiro, 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. Motion on Item IX.E. Motion: Information be given by individual Council Member of how much each Council Member made, including medical and dental, and the portion paid by the Council Member and expressly waive rights under HIPPA related to the provision of that cost information. Moved by Mayor AI Pinheiro, 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. City Attorney Callon explained that City Council Member Arellano's information would not be disclosed. Failed Motion on Item IX.E. Motion was made by Council Member Woodward to exclude Council from health benefits in effect a savings to the City of approximately $64,000 per year. The motion died for lack of a second. X. CITY ADMINISTRATOR'S REPORTS None XI. CITY ATTORNEY'S REPORTS None XII. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957, Gilroy City Code Section 17A.8 (a) (4) Name/Title: Shawna Freels, City Clerk B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957, Gilroy City Code Section 17A.8 (a) (4) Name/Title: Thomas Haglund, City Administrator Continued from Closed Session during Special Meeting - Item II.A. A. 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; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Christina Turner, Finance Director; Dale Foster, Fire Chief; Denise Turner, Police Chief Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: MOU Between the City of Gilroy and Gilroy Police Officers Association, Inc. There were no public comments. 9082 The Council adjourned to Closed Session at 10:23 p.m. SANA FREELS, CMC City Clerk