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Minutes 2009/07/06 City of Gilroy City Council Meetina Minutes Reaular Meetina I. OPENING JULY 06,2009 A. Call to Order. Mayor Pinheiro called the meeting to order at 7:00 p.m. and led the pledge of allegiance. The Invocation was given by Pastor Mark Turner of South Valley Community Church. City Clerk Freels stated that the agenda had been posted on July 1, 2009 at 10:00 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 Mayor Pinheiro stated that the minutes of June 8, 2009 under Item V.A. would be pulled. C. Proclamations, Awards and Presentations Mayor Pinheiro presented awards to Mark Tarasco, Steve Hayes and John Garcia as Volunteers of the Month of June, 2009. 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 Jim Stephens of Gilroy communications spoke on the lowered number of dispatchers in the City and the increased responsibilities of the job. He spoke on the issue of furloughs and the impacts on the level of communication response. Mark Zappa spoke on the various incidents within the City, speaking on the loss of employees due to layoffs and furloughs, suggesting that the City liquidate property assets such as the arts property and Gilroy Garden's property. He stated that the priority of the City was public safety. III. REPORTS OF COUNCIL MEMBERS Council Member Arellano spoke on his attendance at a conference in Vallejo on diabetes and healthy communities and green building and green jobs. Council Member Woodward 9084 A. Discussion of the Cost Savings and Other Advantages of Creating an In-house City Attorney Position City Administrator stated that the item was on the City Council list of priorities and spoke on plans to agendize the item in September. B. Discussion Concerning Council's Policies and Procedures as to Negotiations with Bargaining Units Council Member Woodward suggested that a future study session be held on the item prior to the next union negotiations. City Administrator Haglund suggested that the item come back later in the fall of the year. Council Member Dillon stated that the Library Ad-hoc committee had met earlier that morning and everything was moving forward smoothly. MAYOR'S REPORT A. Discussion of Gilroy Membership in the Peninsula Cities Coalition on High Speed Rail Mayor Pinheiro suggested that he and Council Member Woodward, along with the Morgan Hill Mayor Tate and Council Member Carr meet to discuss the pros and cons of joining the group. The Council agreed to the suggestion. Mayor Pinheiro then spoke on the allegations that Mr. Stephens and the Dispatch newspaper had suggested, explaining that he had contacted the Police Administration department on the date in question because he was attempting to help a member of the public who had an appointment at the Police Department and couldn't get in. ll"~~,,"~ He then spoke on allegations in the Dispatch regarding the rescheduling of June City Council meetings and suggestion that there was a lack of productivity explaining that the full Council voted to adjust the meeting schedule and had only done so 3 times since he was elected. He then explained that he did so because of his owning a business as a travel agent. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Woodward asked to have the City Administrator and Police Chief provide a briefing on the level of staffing of dispatchers. The Council agreed. V. CONSENT CALENDAR A. Minutes of May 27,2009 Special Meeting, June 1, 2009 Regular Meeting, June 11, 2009 Special Meeting ...... B. Claim of Guadalupe Cerda (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) ,.,.".,."""" C. Claim of Dwayne Baker, Eigleberry Apartments (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) D. Open Recruitment for 5 seats on the Gilroy Youth Commission (2 year terms, expiring September, 2011) T 9085 Motion on Consent Calendar items A, B, C, 0 Motion: approve the consent calendar with the exclusion of the minutes of June 8, 2009. 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 VI. BIDS AND PROPOSALS - None VII. PUBLIC HEARINGS - None VIII. UNFINISHED BUSINESS A. Street Tree Master Planting Plan and Street Tree Removal Policy The staff report was presented by City Engineer Smelser. Motion on Item VIII.A. Motion: to Approve the Revised Street Tree Master Planting Plan and Tree List, and Street Tree Removal Policy Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano, M.D.. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Mayor Pro Tempore Dion Bracco 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 The staff report was presented by Planner II Durkin. Public comment was opened. Rob Onetto, developer for the project spoke on the request explaining that it was appropriate to amend specific plans and general plans in certain circumstances. He explained that the proposal was within the goals of the Specific Plan, and spoke on the development area footprint and would not change the access points to the project in any way. Bob Costamagna, applicant spoke on the supplemental material the Church had submitted in the Council packet and the commitment of the Council at the November 19, 2007 meeting for the request for the additional allocations. He spoke on the obligation of the current Council to prior Council agreements and spoke on the addition of RDO allocations for the project, explaining that the Council had granted the RDO exceptions. He concluded by stating that the Council should make their decision based on the investment following the 2007 Council direction as well as the staff and Planning Commission recommendations. Eric Smith, founder and Senior Pastor of South Valley Community Church spoke in support of the application and shared the support from members of the Gilroy community and surrounding Hecker Pass Specific Plan members. 9086 Jack Rymers read a letter in opposition to the GPA request written by Pastor Coke of Good Sheppard Lutheran Church. Rick Gullen spoke in support of the General Plan Amendment. Dan Mitchell spoke in support of the General Plan Amendment. John Hart spoke in support of the General Plan Amendment application sharing the benefits to the community. Susan Bassi spoke in opposition to the General Plan Amendment stating that the Specific Plan should not be amended for one property owner. She stated that the application was to alter the property configuration and would under-mine the Specific Plan and the General Plan explaining that the definition of necessity had to be made. Public comment was closed. Motion on Item VIII.B. Motion: to Direct Staff to Prepare a Resolution Making CEQA Findings for the Project, and to Prepare a Mitigation/monitoring Report Moved by Council Member Perry Woodward, 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 Second Motion on Item VIII.B. Motion: to Direct Staff to Prepare a Resolution Approving GPA 07-05 Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob Dillon. Vote: Motion carried 5-2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Council Member Craig Gartman Third Motion on Item VIII.B. Motion: to Approve the Allocation of 15 Residential Units Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5-2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Council Member Craig Gartman The Council took a 10 minute recess. IX. INTRODUCTION OF NEW BUSINESS A. Resolutions of the City Council of the City of Gilroy Approving Concession Agreements with Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters and Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers ".. The staff report was presented by Human Resources Director McPhillips. There were no public comments. Motion on Item IX.A. Motion: to Adopt Resolution 2009-24 of the City Council of the City of Gilroy Approving Concession Agreement with Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters 9'087 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 Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman Second Motion on Item IX.A. Motion: to Adopt Resolution 2009-25 of the City Council of the City of Gilroy Approving Concession Agreement with Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Bob Dillon. 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 B. Consideration of Various City Council Salary and Benefit Reductions Mayor Pinheiro presented his proposal of a 10% decrease in Council salary and freeze of salary increases for the following two fiscal years. Council Member Woodward stated that he was proposing that Council Members retain their medical benefits, by paying for them themselves. Council Member Gartman stated that his proposal was for Council Members to pay for their own health care benefits and PERS costs with an increase in the full Council annual salary to $129,000., to accommodate a reduction in total salary and benefits. Public comment was opened. Ron Kirkish spoke against cuts in Council salary and benefits stating that he had researched the benefits of the various union employees and he felt it was wrong for the Council to take cuts. Mary Yates spoke in support of the Council taking cuts in pay and benefits as leaders of the community. She stated that the Council should reduce their benefits to the part-time scale, cancel the ability to take cash in lieu of taking health care, freeze their salaries until 2011, and pay for their own PERS retirement benefits themselves. Public comment was closed. Motion on Item IX. B. Motion: to Adopt Resolution 2009-26 of the City Council of the City of Gilroy Reducing City Council Salaries by 10% and Freezing Council Compensation Levels for the Period of Fiscal Year 2010 and Fiscal Year 2011 Moved by Council Member Peter Arellano, M.D., 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 Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Bob Dillon; Council Member Craig Gartman C. Discussion of Conducting All Mail Ballot Elections for City General and Special Election City Clerk Freels presented the staff report. There were no public comments. 90SB D. Designation of Voting Delegate and Alternate for the League Annual Conference, September 16-18,2009 There were no public comments. Motion on Item IX.D. Motion: to Appoint Council Member Tucker as Voting Delegate and Mayor Pinheiro as Alternate for the League Annual Conference, September 16-18, 2009 Moved by Mayor AI Pinheiro, 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 E. A Resolution of the City Council of the City of Gilroy Authorizing the City Attorney to Cooperate with the League of California Cities, Other Cities and Counties in Litigation Challenging the Constitutionality of any Seizure by State Government of the City's Street Maintenance Funds The staff report was presented by City Administrator Haglund. There were no public comments. City Attorney Callon provided input on the litigation efforts of the League stating that the resolution would be used as a lobbying item. Motion on Item IX.E. Motion: to Adopt Resolution 2009-27 of the City Council of the City of Gilroy Authorizing the City Attorney to Cooperate with the League of California Cities, Other Cities and Counties in Litigation Challenging the Constitutionality of any Seizure by State Government of the City's Street Maintenance Funds, and direction to not spend more than $500 in legal fees. Moved by Council Member Peter Arellano, M.D., 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 F. Approval of Letter of Support to South County Housing for Neighborhood Stabilization Program 2 Funding with Leverage from Gilroy's Housing Trust Fund Council Member Woodward recused himself from voting on items IX. F and IX. G, explaining that he owned property in the proposal site. He then left the dais. City Administrator Haglund presented the item. There were no public comments. Motion on Item IX.F. Motion: to Approve Letter of Support Moved by Council Member Peter Arellano, M.D., seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5-1-1. 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 Absent: Council Member Perry Woodward 9089 G. Approval of Residential Development Loan Program (RDLP) Loan Agreement and Authorization to the City Administrator to Sign Documents The staff report was presented by City Administrator Haglund. There were no public comments. Motion on Item IX.G. Motion: to Approve RDLP Loan Agreement and Authorization to the City Administrator to Sign Documents Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano, M.D..Vote: Motion carried 4-2-1. 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 H. A Resolution of the City Council of the City of Gilroy Rescinding Resolution No. 2009-15, and Re-Establishing the Games Authorized for Play in Cardrooms Pursuant to Gilroy Municipal Code Section 16.6-1, Et Seq. Mayor Pinheiro recused himself from deliberating on the item, explaining that he insured the building that housed the gaming room in Gilroy. He then left the dais. The staff report was presented by Police Chief Turner. Public comment was opened. Elijah Zuniga provided the City Council with state law on the game that was being rescinding and spoke on the game, explaining that it was not a banking game as suggested. Herman Garcia spoke on his professional poker playing explaining that his father had helped set a legal precedence in hard poker and he was the founding member of the He then thanked the Council for their consideration of rescinding the resolution and explained that the City ordinance was a model for the state and he was planning to review the amended ordinance. He then spoke on the "banking game" definitions in the state. Public comment was closed. City Attorney Callon spoke on the state regulations on banking games and the City regulations on banking games explaining that the Council could amend the ordinance if they chose to. Motion on Item IX.H. Motion: to Adopt Resolution 2009-28 of the City Council of the City of Gilroy Rescinding Resolution No. 2009-15, and Re-Establishing the Games Authorized for Play in Cardrooms Pursuant to Gilroy Municipal Code Section 16.6-1, Et Seq. Moved by Council Member Perry Woodward, seconded by Council Member Peter Arellano, M.D.. Vote: Motion carried 5-0-1-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward Abstain: Council Member Craig Gartman Absent: Mayor AI Pinheiro Mayor Pinheiro returned to the dais. The Council adjourned to the Meeting of the Board of Directors of the Gilroy Industrial Development Authority 9090 A. A Resolution of the Board of Directors of the Gilroy Industrial Development Authority Amending Resolution No. 82-35 Designating the Secretary and Treasurer of the Industrial Development Authority The staff report was presented by City Clerk Freels. There were no public comments. Motion on Gilroy Industrial Development Authority Item A. Motion: to Adopt Resolution 2009-01 of the Board of Directors of the Gilroy Industrial Development Authority Amending Resolution No. 82-35 Designating the Secretary and Treasurer of the Industrial Development Authority Moved by Council Member Perry Woodward, 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 B. A 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 The staff report was presented by Finance Director Turner. There were no public comments. Motion on Gilroy Industrial Development Authority Item B Motion: to Adopt Resolution 2009-02 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 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 The Board of Directors of the Gilroy Industrial Development Authority adjourned to the Meeting of the Board of Directors of the Community Development Agency of the City of Gilroy The staff report was presented by Finance Director Turner. There were no public comments. A. Resolution of the Board of Directors 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 Community Development Aaency of the City of Gilroy Item A Motion: to Adopt Resolution 2009-01 of the Board of Directors 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 Moved by Council Member Peter Arellano, M.D., seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. 9091 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 The Board of Directors of the Community Development Agency adjourned to the Regular City Council Meeting of the City of Gilroy. X. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund provided the Council with an update on the 12 Council priority items. He then explained that he would provide an update of where the city stood with the 2008 priority items. XI. CITY ATTORNEY'S REPORTS XII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section 17A.11(c) (1) Name of Case: The Don Chapin Company, Inc. v. City of Gilroy, Harris & Associates, Inc., Case No. 1-08-CV-112653, Superior Court of California, County of Santa Clara There were no public comments. B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (a) and Gilroy City Code Section 17 A.11 (c) (1 ) Name of Case: City of Gilroy v. WLC Architects, Inc, et aI., Case No. CIV 471337, Superior Court, County of San Mateo City Attorney Callon explained that both issues were at a stage where staff would like to confer in closed session. There were no public comments. Motion to Adiourn to Closed Session on Items XII.A. and XII.B. Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, 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 The Council adjourned to closed session at 10:45 p.m.