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Minutes 2010/05/17 City of Gilroy City Council Meetina Minutes May 17. 2010 I. OPENING 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 Bishop Jeff Scherck of the Church of Jesus Christ of latter Day Saints. City Clerk Freels reported that the agenda had been posted on May 12, 2010 at 10:30 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 There were no agenda changes. C. Proclamations, Awards and Presentations Mayor Pinheiro presented a proclamation Naming May, 2010 as Foster Care Month. - 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 Maria Deleon of the Community Services Department presented the summer recreation guide. 9203 George Moore of the Community Advocates Teens of Today (CATT) program, asked the City Council to consider adoption of an ordinance which would require licensing for tobacco retailers, which would help to eliminate the illegal sale of tobacco to youth. Vi Vo of CATT spoke in support of creating a tobacco retailer licensing ordinance. Pedro Garcia of the Substance Abuse and Media Project (STAMP) spoke in support of a tobacco retailer licensing ordinance to stop the sale of tobacco to youth. Kemi Ogbu of STAMP spoke in support of the adoption of a tobacco retailer licensing ordinance. Elizabeth Osuna of STAMP spoke in support of the adoption of a tobacco retailer licensing ordinance. Tommy Rodriguez spoke in support of adoption of a tobacco retailer ordinance. Cynthia Heredia of STAMP spoke in support of the adoption of a tobacco retailer licensing ordinance. B. Youth Commission Annual Presentation to Council The Youth Commission presented their annual report to the City Council. C. Historical Society Annual Presentation to Council The presentation was given by Connie Rogers and Susan Voss of the Historical Society. III. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Bracco spoke on the recent retirement of the Executive Director of the Gang Task Force and City Employee John Garcia, sharing his many contributions to the City. Council Member Dillon stated that he had a wonderful time at the downtown wine stroll. MAYOR'S REPORT Mayor Pinheiro thanked everyone for their participation in the downtown wine stroll and shared highlights of the event. He then gave a report on the Santa Clara Valley Water District redistricting outcome, stating that map 0 had been chosen, which was better than the original mapping of 02. He then thanked John Garcia for his contributions and years of service to the City. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pro Tempore Bracco asked to agendize a study session on the RDO process, explaining that he would like to propose a local stimulus package for shovel-ready projects. The Council agreed to agendize the item. Council Member Tucker asked to agendize an item on the Tobacco Retailer Ordinance as suggested during public comment. The Council agreed to agendize the item. Council Member Woodward asked to agendize an item on the Medileaf litigation with an update on the trial date and the amount of money spent on the litigation to date. 9264 The Council agreed to agendize the item. ~ CONSENT CALENDAR A. Minutes of April 28, 2010 Special Meeting B. Minutes of May 5,2010 Regular Meeting D. Resolution 2010-16 of the City Council of the City of Gilroy Calling a General Municipal Election for Municipal Office, Requesting Consolidation of Elections with the General Election to Be Held November 2, 2010 and Requesting Services of the Santa Clara County Registrar of Voters E. Claim of Mahatmu Alarcon (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) G. Resolution 2010-17 of the City Council of the City of Gilroy Requesting the Metropolitan Transportation Commission Allocation of Fiscal Year 2010/2011 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding, and Authorization to the City Administrator to Execute Related Documents H. Resolution 2010-18 Authorizing the Submittal of an Application to the California State Department of Housing and Community Development for Funding Under the "BEGIN" Program; the Execution of a Standard Agreement if Selected for Such Funding and any Amendments Thereto; and any Related Documents Necessary to Participate in the "BEGIN" Program Motion on Consent Calendar Items A. B. D. E. G. H Motion: to Approve Consent Calendar Items A, B, D, E, G, H 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 C. Resolution 2010-15 of the City Council of the City of Gilroy Setting the Annual Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to City Code Chapter 10A The staff report was presented by Fire Marshall Bretschneider, and Fire Chief Foster. Motion on Consent Calendar Item C Motion: to approve Resolution 2010-15 of the City Council of the City of Gilroy Setting the Annual Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to City Code Chapter 10A Moved by Council Member Bob Dillon, 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. Claim of Jose Resendiz (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) The staff report was presented by Human Resources Director McPhillips. 9205 Motion on Consent Calendar Item F Motion: to approve the denial of the Claim of Jose Resendiz (City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claims) Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. 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. VI. BIDS AND PROPOSALS A. Award of Bid to Harley Ellis Devereaux for Library Interface and Parking Lot Design Services in the Amount of $225,500, Plus Direct Expenses Not to Exceed $5,000 The staff report was presented by City Engineer Smelser. There were no public comments. Motion on Item VI.A. Motion: to Approve Library Interface and Parking Lot Design Services Agreement with Harley Ellis Devereaux in the Amount of $225,500, Plus Direct Expenses Not to Exceed $5,000, and Authorization to the City Administrator to Execute Related Documents Moved by Council Member Bob Dillon, 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 VII. PUBLIC HEARINGS There were no public hearing items. VIII. UNFINISHED BUSINESS A. Introduction of an Ordinance of the City Council of the City of Gilroy Adopting a New Article V of Chapter 16A of the Gilroy City Code Regulating Aggressive Solicitation of Money, Goods and Services and Regulating the Solicitation of Money, Goods and Services in Specified Locations The staff report was presented by Police Chief Turner. There were no public comments. Motion on Item VIII.A. Motion: to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance Moved by Mayor Pro Tempore Dion Bracco, 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 City Clerk Freels read the ordinance title. 9206 Second Motion on Item VIII.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Adopting a New Article V of Chapter 16A of the Gilroy City Code Regulating Aggressive Solicitation of Money, Goods and Services and Regulating the Solicitation of Money, Goods and Services in Specified Locations 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 Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman B. Appointment of (1) One Member to the Physically Challenged Board of Appeals with a Term Ending December 31,2013 There were no public comments. Motion on Item VIII.B. Motion: to Appointment Marco Machado to the Physically Challenged Board of Appeals with a Term Ending December 31,2013 Moved by Mayor Pro Tempore Dion Bracco, 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 IX. INTRODUCTION OF NEW BUSINESS A. Fiscal Year 2009/2010 Third Quarter Budget Review The staff report was presented by Finance Director Turner. There were no public comments. B. Fiscal Year 2010/2011 Mid Cycle Budget Review and Consideration of the Adoption of a Resolution of the City Council of the City of Gilroy Amending the Budget for Fiscal Year 2010/2011 and Appropriating Proposed Expenditure Amendments The staff report was presented by Finance Director Turner. Public comment was opened. Richard Spitler of Gilroy Economic Development Corporation (EDC) presented the request for 2010/2011 funding for the EDC, Chamber of Commerce and Visitors Bureau. Susan Valenta of the Chamber of Commerce spoke on the benefits of the request for funding of way finding signing and marketing plans. ,"D..r__.._'... Public comment was closed. Motion on Item IX.B. Motion: to Adopt Resolution 2010-19 of the City Council of the City of Gilroy Amending the Budget for Fiscal Year 2010/2011 and Appropriating Proposed Expenditure Amendments with all staff recommendations with the exception of the way finding sign funding from $235,000.00 to $135,000.00 Moved by Council Member Bob Dillon, seconded by Council Member Perry Woodward. Vote: Motion carried 4-3. 9207 Yes: Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman C. General Fund Reserve Policy and Establishment of an Economic Stability Reserve The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item IX.C. Motion: to Approve a General Fund Reserve Policy Including the Establishment of an Economic Stability Reserve 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 D. Refinancing of Series 2009 Bond Anticipation Notes The staff report was presented by Finance Director Turner and Craig Hill. There were no public comments. Failed Motion on Item IX.C. Motion: approve Motion to Direct Staff to Develop the Necessary Documentation and Approval Forms for the Refinancing of the Series 2009 Bond Anticipation Notes at a long term fixed rate. Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion failed 3-4. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Perry Woodward No: Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Mayor AI Pinheiro Failed Motion on Item IX.C. Motion: to Direct Staff to Develop the Necessary Documentation and Approval Forms for the Refinancing of the Series 2009 Bond Anticipation Notes for a 3 year financing with a split of 50% long term and 50% short term Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion failed 3-4. Yes: Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Perry Woodward Council Member Gartman made the motion to payoff the bond anticipation notes entirely. Mayor Pro Tempore Bracco seconded the motion. Motion to Continue Passed 11 :00 p.m. Motion: to continue the meeting passed 11 :00 p.m. 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 Moved by Council Member Perry Woodward, seconded by Mayor AI Pinheiro. Council Member Gartman withdrew his previous motion and made a motion to continue the item to June 1,2010. The motion died for lack of a second. 9208 Motion on Item IX. C. Motion: to Direct Staff to Develop the Necessary Documentation and Approval Forms for the Refinancing of the Series 2009 Bond Anticipation Notes for a 3 year financing with a split of 50% long term and 50% short term 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 X. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund stated that he would be on vacation the week of June 14th and Human Resources Director McPhillips would be the Acting City Administrator during his absence. XI. CITY ATTORNEY'S REPORTS There was no report presented. XII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17 A.8 (a)(2); Property: 271 Old Gilroy Street, Gilroy, Ca.; Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer; Under Negotiations: Price and Terms of Payment B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.8 (5); Collective Bargaining Unit:LocaI2805, IAFF Fire Unit Representing Gilroy Fire Fighters; City Negotiators:Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Dale Foster, Fire Chief; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: MOU between the City of Gilroy and the Firefighters Local 2805 C. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17 A.8 (5); Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers; City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, City Legal Counsel; Denise Turner, Police Chief; 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. City Administrator Haglund stated that there were no updates to provide the Council for Items C and D, explaining that the items were placed on the agenda as placeholders. Motion to Not Address Items XII.B and XII.C. in Closed Session Motion: to not address Closed Session Items B. or C Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Perry Woodward; Mayor AI Pinheiro No: Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman; Council Member Cat Tucker -- 9209 D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation as Plaintiff Pursuant to Government Code Section 54956.9(c); Gilroy City Code Section 17A.8(a)(3); 1 Potential Case Against Santa Clara Valley Water District City Attorney Faber stated that it was the opinion of the City Attorney's office that the attorney/client privilege be asserted to enter into closed session to confer with legal counsel as previous direction to staff was to initiate litigation, and since that direction certain actions had taken place at the Water District level that mayor may not obligate the litigation. Motion on Item XII.D Motion: to Assert the Attorney/Client Privilege to Confer with Legal Counsel in Closed Session on Item XII.D. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. 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. The Council adjourned into Closed Session at 11 :10 p.m. SHAWNA FREELS, C City Clerk