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Minutes 2009/08/03 I. CLOSED SESSION City of Gilroy City Council Meetina Minutes Auaust 3. 2009 9098 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; Linda Callon, City Attorney; Jeff Sloan, City Legal Counsel, 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., There were no public comments. The Council adjourned to open session and there were no closed session announcements. REGULAR MEETING I. OPENING Mayor Pinheiro called the regular meeting to order at 7:40 p.m. and led the pledge of allegiance. The Invocation was given by Satra Zarghami, a member of Gilroy Baha'i Community. City Clerk's Freels reported that the agenda had been posted on July 29th, 2009 at 12:00 p.m., the revised agenda posted on July 31,2009 at 3:00 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 asked to move agenda Item VIII.A. up the agenda behind Item II.A. The Council agreed to move the item. C. Proclamations, Awards and Presentations Mayor Pinheiro presented a Proclamation to the Northern California Football League (NCFL) Proclaiming Barnstormer Day on August 8th, 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 There were no public comments. VIII.D. Consideration of Various Options with Regards to Binding Arbitration City Administrator Haglund presented the staff report. Jeff Sloan, City legal counsel, spoke on the meet and confer process and the progression prior to placing a measure on the ballot. Public comment was opened. Mark Zappa spoke in support of binding arbitration and suggested that Council take 9099 option (1) one ~nd leave the current Charter section in place. Christina Chavez- Wyatt spoke on the binding arbitration process and the costs to the city speaking on behalf of the Government Affairs Committee of the Chamber of Commerce. She then suggested that the current voters be allowed to decide the issue of binding arbitration. Mark Zappa stated that he was a member of the Chamber of Commerce and was in opposition to the Government Affairs committee suggestion to place a measure on the ballot, stating that the suggestion had been made without consulting the Chamber membership. Jim Buessing of the Gilroy Fire Union spoke against the repeal of the Charter section on binding arbitration and suggested the Council meeting with the union to talk. Public comment was closed. Unsuccessful Motion on Item VIII.D. Council Member Woodward made the motion to approve a resolution providing the fire labor unit with notice of the Council's intent to consider placing a ballot measure on the General Election in November 2010 regarding the city's Charter provision on binding arbitration, and request to meet and confer with the fire union to discuss the parameters to be used by an arbitrator. The motion died for lack of a second. Unsuccessful Motion on Item VIII.D. Council Member Arellano made the motion to request to meet and consult with the police and fire units about the criteria and parameters to be applied in interest arbitration. The motion died for lack of a second. Unsuccessful Motion on Item VIII.D. Motion: Request to Meet and Confer with the Police and Fire Unions to Discuss the Criteria and Parameters to be Used by an Arbitrator and have the Council meet in closed session to get a footprint to use during negotiations. Moved by Mayor AI Pinheiro, seconded by Council Member Peter Arellano, M.D.. Vote: Motion failed 2-5. Yes: Council Member Peter Arellano, M.D.; Mayor AI Pinheiro No: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward Motion on Item VIII.D. Motion: Take No Action Regarding the City's Charter Provision on Binding Arbitration Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Peter Arellano, M.D. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Perry Woodward No: Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro III. REPORTS OF COUNCIL MEMBERS A. Review of the City's Cardroom Ordinance Mayor Pro Tempore Bracco spoke on bringing back the card room ordinance for review explaining he had met with the card room owner and better understood the game that was in conflict to the ordinance. He suggested that the rest of the Council have the opportunity to learn more about the issue and asked to schedule a future study session. 910() The Council agreed to hold the study session. Council Member Dillon stated that the Library Ad-Hoc committee had met the previous week and had reviewed the items on the agenda before the Council. Mayor Pro Tempore Bracco stated that he and Council Member Dillon as Library Ad- Hoc committee members would sit on the panel to select the construction management firm for the new library. MAYOR'S REPORT Mayor Pinheiro spoke on the issues with regards to the POA and concessions agreed upon by the unions to achieve budget reductions. He spoke on the reductions agreed to by the membership of the POA and shared the Council deliberation process. He then explained that the Council was elected to take care of the community as a whole and asked the community to support the Council in their efforts. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Gartman suggested a future study session item on the roles and responsibilities of staff with regards to applications processed to the City and the denial of permits. The Council agreed to agendize the item (Council Member Dillon against). Council Member Tucker suggested a future agenda item on the roles and responsibilities of T AC with regards to applications. The Council agreed to agendize the item. Council Member Woodward requested an update on the costs savings since the implementation of the City furlough program. The Council agreed to agendize the item. Mayor Pinheiro requested an item on the breakdown of the un-funded liability with regards to PERS retirement and health. The Council agreed to agendize the item. V. CONSENT CALENDAR A. Minutes of July 20, 2009 Regular Meeting B. Open Recruitment for 4 seats on the Housing Advisory Commission D. Resolution of the City Council of the City of Gilroy Endorsing the ABAG Residential Seismic Strengthening Standard Plan Set at a Fixed Fee Including Plan Check and Inspection of $225.00 for Voluntary Residential Retrofitting G. Claim of Shawn Atencio (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) V. CONSENT CALENDAR Council Member Gartman asked to pulled Items C and E from the consent agenda. Council Member Woodward asked to pull Item F from the consent agenda. Motion on Consent Calendar Items A, B, D & G Motion: Approve Consent Agenda Items A, B, D & G Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward. 1 ~. 9161 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 C. Gilroy Unified School District - Christopher High School, Phase II Fee and Cost Deferral Agreement E. Second Amendment to the Single Tenant Lease with Gilroy Gardens, Inc. F. Claim of Jacob Alvarez (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) Motion on Consent Calendar Items C, E and F Motion: Approve Consent Item C, E and F 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 VI. BIDS AND PROPOSALS There were none. VII. PUBLIC HEARINGS There were none. VIII. UNFINISHED BUSINESS A. Appointment of Members to the Library Bond Oversight Committee There were no public comments. Motion on Item VIII.A Motion: To Appoint Library Bond Oversight Committee Members: Phyllis Armenta, Jay Baksa, Everett "Bud" Burchell, James Pace, James D. Pearson and Hugh Smith 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. 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 There were no public comments. Motion on Item VIII.B. Motion: To Adopt Resolution 2009-32 of the City Council of the City of Gilroy Making Certain Findings Required by the California Environmental Quality Act (CEQA) in Connection with GPA 07-05, an Amendment to the Hecker Pass 9192 Specific Plan for Which an Addendum to a Previously Certified Environmental Impact Report (EIR) Has Been Prepared, and Adopting the Mitigation Measures and Approving a Mitigation Monitoring Program for the South Valley Community Church Moved by Council Member Bob Dillon, 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 Second Motion on Item VIII.B. Motion: To Adopt Resolution 2009-33 of the City Council of the City of Gilroy Approving GPA 07-05 Amending the Hecker Pass Specific Plan Located at the Western Gateway of the City of Gilroy and Commonly Known as the "Hecker Pass Area" for the Revised Church, School and Residential Project Proposed by South Valley Community Church Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. 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 Adopt Resolution 2009-34 of the City Council of the City of Gilroy Approving an Application for a "Special Exception" from the Residential Development Ordinance to Allocate 15 Single Family Residential Units in 2012 on Property Located at 1690 and 1750 Hecker Pass Highway, APN's 810-21-004, 005 Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward. 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 C. Report on Federal ARRA Stimulus Funding for Sidewalk Repair Project and Approval of Budget Amendment to Receive and Expend $663,000.00 in Federal Funds for the Citywide Sidewalk Rehabilitation Project Don Dey, City Transportation Engineer presented the staff report. There were no public comments. Motion on Item VIII.C. Motion: To Receive Report and Approve Budget Amendment to Receive and Expend $663,000.00 in Federal Funds for the Citywide Sidewalk Rehabilitation Project 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 - E. Resolution of the City Council of the City of Gilroy Authorizing Proceedings and Documents Relating to Refunding of Outstanding Auction Rate Securities and Financing of Capital Improvements The staff report was presented by Finance Director Turner and Craig Hill, City Financial Advisor. 9103 There were no public comments. Motion on Item VIII. E. Motion: To Adopt Resolution 2009-35 of the City Council of the City of Gilroy Authorizing Proceedings and Documents Relating to Refunding of Outstanding Auction Rate Securities and Financing of Capital Improvements Moved by Council Member Peter Arellano, M.D., 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 The Council adjourned to the meeting of the Board of Directors of the Gilroy Public Facilities Financing Authority A. Resolution of the Board of Directors of the Gilroy Public Facilities Financing Authority Authorizing the Issuance and Sale of Notes in the Aggregate Principal Amount of Not to Exceed $55,000,000.00 to Refund Outstanding Auction Rate Securities and Finance Capital Improvements, and Approving Related Financing Documents and Official Actions The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item A. Motion: To Adopt Gilroy Public Facilities Financing Authority Resolution 2009- 01 of the Board of Directors of the Gilroy Public Facilities Financing Authority Authorizing the Issuance and Sale of Notes in the Aggregate Principal Amount of Not to Exceed $55,000,000.00 to Refund Outstanding Auction Rate Securities and Finance Capital Improvements, and Approving Related Financing Documents and Official Actions Moved by Board Member Bob Dillon, seconded by Board Member Cat Tucker. Vote: Motion carried 4-3. Yes: Board Member Peter Arellano, M.D.; Board Member Bob Dillon; Board Member Cat Tucker; Chair AI Pinheiro No: Board Member Dion Bracco; Board Member Craig Gartman; Board Member Perry Woodward The Board adjourned to the Regular Meeting of the City Council of the City of Gilroy. IX. INTRODUCTION OF NEW BUSINESS A. Approval of Gilroy Library Final Design Services Contract with Harley Ellis Devereaux for the Construction of the New Gilroy Library in the Amount of $1,850,000.00, plus Direct Expenses not to Exceed $100,000.00, and Authorization to the City Administrator to Execute Agreement The staff report was presented by City Engineer Smelser. There were no public comments. Motion on Item IX. A Motion: To Approve a Contract with Harley Ellis Devereaux and Authorization to Execute Agreement 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 9104 Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Approval of (2) Two Land Acquisition Agreements with the California Department of Transportation for the Sale of a Portion of (2) Two City-owned Parcels on the North Side of Highway 152, and Authorization to the City Administrator to Execute the Contracts The staff report was presented by Senior Civil Engineer Krueger. There were no public comments. Motion on Item IX.B. Motion: To Approve Agreements with the California Department of Transportation and Authorize City Administrator to Execute Contracts 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 C. Submittal of Regional Storm Water Management Plan to the Central Coast Regional Water Quality Control Board The staff report was presented by Senior Civil Engineer Krueger. There were no public comments. Motion on Item IX.C. Motion: To Approve Submittal of the Regional Storm Water Management Plan 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 The staff report was presented by Senior Civil Engineer Krueger. There were no public comments. D. An Ordinance of the City Council of the City of Gilroy Approving Z 09-02, Amending Zoning Ordinance Section 51.32 "Notices" to Increase the Area that is Included in the Public Hearing Notices, to Require Re-noticing for Certain Continued Public Hearings and to Require That the Applicant Install a Public Notice Sign on the Property That is the Subject of the Public Hearing or Project Decision The staff report was presented by Interim Planning Manager Bischoff. Public comment was opened. Ben Anderson spoke on his no vote at the Planning Commission level suggesting that a more accurate mailing list be compiled for public hearing notices. He then shared his concern with the legal notices being shipped off-site. Public comment was closed. Motion on Item IX.D. Motion: To Read the Ordinance by Title Only and Waive Further Reading of the Ordinance 9105 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 Second Motion on Item IX.D. Motion: To Introduce an Ordinance of the City Council of the City of Gilroy Approving Z 09-02, Amending Zoning Ordinance Section 51.32 "Notices" to Increase the Area that is Included in the Public Hearing Notices, to Require Re- noticing for Certain Continued Public Hearings and to Requk"e That the Applicant Install a Public Notice Sign on the Property That is the Subject of the Public Hearing or Project Decision 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 Third Motion on Item IX.D. Motion: To apply the alternative decision of outsourcing the mailer and adding a fee scale for it. 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; Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro E. An Interim Urgency Ordinance of the City Council of the City of Gilroy Prohibiting the Establishment and Operation of Medical Marijuana Dispensaries for a Period of Forty Five (45) Days The item was not heard. X. CITY ADMINISTRATOR'S REPORTS Captain Scot Smithee shared the staffing in the Police Department, speaking on the current level of communications staff. XI. CITY ATTORNEY'S REPORTS There were no reports. XII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION, CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION, Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (c) and Gilroy City Code Section 17A.11(c) (2) (1 potential case) City Attorney Callon explained that there was possible anticipated litigation that she would be briefing the Council about in closed session. B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957, Gilroy City Code Section 17A.11 (b), NamelTitle: Shawna Freels, City Clerk 9106 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957, Gilroy City Code Section 17A.11 (b), Name/Title: Thomas Haglund, City Administrator There were no public comments on closed session items A, B or C. The Council adjourned to Closed Session at 9:56 p.m. There were no closed session announcements. / AWNA FREELS, CMC City Clerk