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Minutes 2009/07/20 -1 9093 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. 9094 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. 9095 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. 9096 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. 1 9097 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.