Minutes 2009/07/20
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City of Gilroy
City Council Meetina Minutes
July 20. 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.
City Clerk Freels stated that the meeting agenda had been posted on July 15, 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 announced that Closed Session Item XII.A - Existing litigation with
WLC was being pulled from the agenda.
C. Proclamations, Awards and Presentations
There were 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
There were no public comments.
B. Personnel Commission Annual Presentation to Council
Ken Tanaka, Chair of the Personnel Commission, presented the report.
C. Visitors Bureau Annual Presentation
Jane Howard of the Gilroy Visitor's Bureau presented the report.
D. Visitors Bureau Way Finding Presentation Regarding Directional Signing
Katherine Filice of Articulate Solutions, Inc. and Jane Howard of the Gilroy Visitor's
Bureau gave the presentation.
E. Gilroy Arts Alliance Presentation - Request to Use City Property Located
7341 Monterey Street and Adjacent Lot at Seventh and Eigleberry Streets
for Temporary Center for the Arts
Donna Pray, Executive Director of the Gilroy Foundation and member of the Gilroy
Arts Alliance, gave the presentation.
Motion on Item II.E.
Motion: Direction to staff to work out the details of a lease agreement for final
approval at a future meeting.
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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
III. REPORTS OF COUNCIL MEMBERS
Mayor Pro Tempore Bracco spoke on the lease Gilroy Gardens, Inc. had with the
City and the Board of Gilroy Gardens need for a decision from the Council on the
extension of the lease prior to the park sending out their annual memberships.
City Administrator Haglund explained that the Board had asked that the extension
of the lease agreement be place on the next agenda for Council consideration.
MAYOR'S REPORT
Mayor Pinheiro spoke on his planned Community round-table meeting in
September and asked the Council for their input on the list of organizations to be
invited and topics to consider at the meeting.
A. Change of Appointment to Santa Clara Valley Habitat Conservation
Plan/Natural Community Conservation Plan Liaison Group - Council
Member Tucker - Member and Council Member Woodward - Alternate
Mayor Pinheiro announced the change in the membership on the group.
IV. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Gartman asked to have the Youth Center building item revisited at
a future meeting with the costs associated to repair the building. He then asked to
have the downtown Art's Center buildings demolition looked at as a possible cost
savings.
City Attorney Callon commented on the City unreinforced masonry (URM)
ordinance and spoke on the City adhering to the ordinance for its own buildings.
City Administrator Haglund explained that the downtown buildings were URM and
had a shared wall and were slated for demolition in compliance with the URM
ordinance. He then spoke on the URM Task Force suggesting that the Council
address the specific buildings after the Task Force had completed their assigned
duties with regards to the ordinance.
Mayor Pinheiro explained that he had asked the City Administrator to address the
issue of the demolition of the Youth Center and report back to Council.
The Council did not agree to revisit the issue of the demolition of the downtown
URM buildings.
V. CONSENT CALENDAR
A. Minutes of June 8, 2009 and July 6, 2009 Regular Meetings
B. Approval of Budget Adjustments/Amendments
Motion on Consent Calendar Items
Motion: Approve Consent Items A & B
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member
Peter Arellano, M.D..
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
VI. BIDS AND PROPOSALS
VII. PUBLIC HEARINGS
A. Public Hearing to Consider the Placement of Liens for Non-Payment of
Charges for the Collection of Garbage, Rubbish and Refuse in the City of
Gilroy Garbage Liens
The staff report was presented by Finance Director Turner.
The public hearing was opened.
JD Higgenboffen spoke on the property assessment for a rental property of his due
to his prior tenant not paying their garbage bill. He explained that he had just
become aware of the issue and had no remedy to collect from the prior tenant. He
then suggested that another process be developed to identify the issue of non-
payment and asked that the lien not be placed on his property.
The public hearing was closed.
Motion on Item VII.A.
Motion: Adopt Resolution No. 2009-29 of the City Council of the City of Gilroy
Regarding the Imposition of a Special Assessment Lien for the costs of
Delinquent Garbage Collection Services for Certain Properties located in the
City of Gilroy
and direct staff to find resolution to the issue of landlord/tenant payments
and notification to the property owner of outstanding bills.
Moved by Council Member Perry Woodward, 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
Phil Couchee of South Valley Disposal and Recycling spoke on the notification to
property owners stating that he could look into the ability for the property owners
access to tenants account balances.
VIII. UNFINISHED BUSINESS
A. Settlement Agreement with the Don Chapin Company, Inc. Re: The Don
Chapin Company, Inc. v. City of Gilroy, Harris & Associates, Inc., Case No.
1-0S-CV 112653, Superior Court of California, County of Santa Clara
Material Terms of Settlement: Don Chapin Company, Inc sued the City of Gilroy
and the City's Construction Manager, Harris, for additional compensation for its
construction work related to the Gilroy Sports Park Site improvements, Phases I
and II, and for attorneys' fees and litigation costs. The material terms of the
settlement include a payment to Chapin of $225,000.00, with Gilroy paying
$150,000.00 and Harris paying $75,000.
A neutral evaluator found that liability for the cost to repair damaged concrete, the
major cost item for which Chapin was seeking repayment in the lawsuit, was
divided among Chapin, Harris, and the City, with the City and Harris bearing the
greater liability. Each party will receive certain releases from the other, and
Chapin will dismiss the lawsuit, with prejudice.
The staff report was presented by City Attorney Callon.
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There were no public comments.
Motion on Item VIII.A.
Motion: To Approve Settlement Agreement
Moved by Council Member Cat Tucker, 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
Council Member Gartman spoke on looking into the City relationship with Harris
and Associates as a contractor as they were involved in other law suits with the
City.
The Council agreed to agendize a future item on the City contracting with Harris
and Associates.
Council Member Woodward suggested hearing from Acting City Attorney Faber on
the impacts of addressing Harris and Associates while in litigation.
City Attorney Callon spoke on the Council's determination of a contractor being
both responsible and responsive when reviewing a bid.
IX. INTRODUCTION OF NEW BUSINESS
A. A Resolution of the City Council of the City of Gilroy Finding a Severe
Fiscal Hardship will Exist if Additional City Property Tax Funds are Seized
and Additional Unfunded Mandates are Adopted by the State of
California
The staff report was presented by City Administrator Haglund.
There were no public comments.
Motion on Item IX.A.
Motion: to Adopt Resolution 2009-30 of the City Council of the City of Gilroy
Finding a Severe Fiscal Hardship will Exist if Additional City Property Tax
Funds are Seized and Additional Unfunded Mandates are Adopted by the
State of California
Moved by Council Member Cat Tucker, 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. Refinancing of the City of Gilroy Public Buildings Project Series 2003
Certificates of Participation
Finance Director Turner presented the item.
Craig Hill of Northcross, Hill and Nash financial advisor, added to the presentation.
There were no public comments.
Motion on Item IX.B.
Motion: To Direct Staff to Develop the Necessary Legal, Financial and
Disclosure Documents for the Refinancing of the 2003 Certificates of
Participation for the two year refinance and include the costs for the GUSD
project.
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Moved by Council Member Cat Tucker, seconded by Council Member Bob
Dillon.
Vote: Motion carried 4-3.
Yes: Council Member Peter Arellano, M.D.; Council Member Bob
Dillon; Council Member Cat Tucker; Mayor AI Pinheiro
No: Mayor Pro Tempore Dion Bracco; Council Member Craig
Gartman; Council Member Perry Woodward
X. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund spoke on the Las Animas School crossing
improvements. He spoke on agendizing the Gilroy Gardens lease item on the next
agenda and then spoke on the Su Casa building explaining that code enforcement
was being pursued.
XI. CITY ATTORNEY'S REPORTS
XII. CLOSED SESSION
B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT
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
Collective Bargaining Unit: Gilroy Management Association Representing
Employees Designated as "Exempt", Excluding Confidential and Council Appointed
Employees, Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits,
Working Conditions; Memorandum of Understanding: Petition for Representation of
the Gilroy Management Association
There were no public comments on items XII.B.
Motion to Adiourn to Closed Session
Motion: to adjourn to closed session
Moved by Council Member Perry Woodward, seconded by Council Member
Cat Tucker.
Vote: Motion carried 6-0-1.
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
Absent: Council Member Peter Arellano, M.D.
The Council adjourned to Closed Session at 9:40 p.m.
There were no closed session announcements.