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Minutes 2013/03/04City of Gilroy City Council Meeting Minutes March 4, 2013 I. OPENING A. Call to Order A. Flag Ceremony Presentation by Gilroy Boy Scout Troop 792 Members of Boy Scout Troop 792 presented the flags 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 Shawna Freels announced that the agenda had been posted on February 27, 2013 at 11:00 a.m. Roll Call Present: Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman Absent/Excused: Council Member Peter Arellano M.D. B. Orders of the Day There were no agenda changes. C. Introductions There were none. Council Member Peter Arellano M.D. joined the meeting at 6:04 p.m. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented a letter of congratulations to Eagle Scout Awardee Calvin Choi. Mayor Gage presented a Proclamation naming the month of March as Essential Tremor Awareness month. Mayor Gage presented a Proclamation designating the week of March 11 -15, 2013 as Science Fair week III. 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 Sunanda Gadagottu of the Peace Foundation spoke on the Stress Free, Violence Free campaign stating that the goal was to effect change globally, sharing the various programs provided to youth. Suzanne Rodriguez spoke on a recent gathering in San Jose regarding the merging of all nine counties into one government. She explained that the idea was a dangerous one, stating that it followed the UN agenda and would regionalize government taking the power from local elected officials, and was in opposition to the U.S. Constitution. City Council Meeting Minutes 3/4/2013 i► IV. REPORTS OF COUNCIL MEMBERS Gilroy presented a Santa Clara County Library JPA video and went on to explain that the bond that funded the county library system was up in 2015. He then asked the Council to help support the library with their future bond processes. Council Member Tucker - Gilroy Welcome Center, LAFCO, Santa Clara Co. Recycling & Waste Reduction Commission, Santa Clara Valley Habitat Agency Governing and Implementation Boards, Cal Trans Citizen's Advisory Committee Mayor Gage spoke on his recent meeting with County Supervisor Wasserman, Gilroy Economic Development Corporation, Chamber of Commerce and the Welcome Center on Gilroy issues such as homelessness. He then spoke on Federal Congresswoman Zoe Laufgren would be conducting on April 30th at City Hall, and then spoke on a recent meeting he had with Federal Congressman Sam Farr. He explained that the Sister Cities Association would be conducting a dinner to raise money for the Garlic Festival guests, and then spoke on his earlier meeting in the day with the Cal RAN board explaining the program. He then explained that he had not met on any of the rest of his boards. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Tucker asked about the end results of the January retreat asking when the facilitator would be returning with the result, as he had explained. VI. CONSENT CALENDAR A. Resolution 2013 -04 of the City Council of the City of Gilroy Setting Fees for Ambulance Transport Services Provided by the City B. Resolution 2013 -05 of the City Council of the City of Gilroy Hereby Authorizing the Submittal of an Application to the California State Department of Housing and Community Development for Funding Under the CalHome 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 CalHome Program Motion on Consent Calendar Motion: to approve Consent Calendar Items A and B Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS There were none. IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 16 Entitled "Offenses- Miscellaneous" by Amending Section 16.6 -1 Pertaining to Cardrooms There were no public comments. City Council Meeting Minutes 3/4/2013 M Council Member Arellano explained that he would be abstaining on the ordinance and resolution adoption as he had not be present during introduction of the ordinances. Motion on Item IX.A. Motion: to Adopt Ordinance 2013 -05 of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 16 Entitled "Offenses- Miscellaneous" by Amending Section 16.6 -1 Pertaining to Cardrooms Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman Abstain: Council Member Peter Arellano M.D. B. Adoption of a Resolution of the City Council of the City of Gilroy Setting Fees Related to Cardrooms There were no public comments. Motion on Item IX.B. Motion: to Adopt Resolution 2013 -06 of the City Council of the City of Gilroy Setting Fees Related to Cardrooms Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman Abstain: Council Member Peter Arellano M.D. C. Adoption of an Ordinance of the City Council of the City of Gilroy Amending the Residential Development Ordinance (`RDO ") by Amending Gilroy Zoning Ordinance Section 50.62 (b) to Add New Sections (11) and (12) Creating RDO Exemptions for Projects Making an Application Between April 3, 2013 and April 3, 2014 There were no public comments. Motion on Item IX.C. Motion: to Adopt An Ordinance 2013 -04 of the City Council of the City of Gilroy Amending the Residential Development Ordinance (`RDO ") by Amending Gilroy Zoning Ordinance Section 50.62 (b) to Add New Sections (11) and (12) Creating RDO Exemptions for Projects Making an Application Between April 3, 2013 and April 3, 2014 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman Abstain: Council Member Peter Arellano M.D. X. INTRODUCTION OF NEW BUSINESS There was none. XI. CITY ADMINISTRATOR'S REPORTS City Council Meeting Minutes 3/4/2013 0 There was no report. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. 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: Edward Bozzo, Phillip King v. City of Gilroy Court: United States District Court, Northern District Case No. 5:12 -cv- 02542 -HRL Date Case Filed: June 1, 2012 B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5) Collective Bargaining Unit: AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101 City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, Human Resources Director Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: MOU Between City of Gilroy and AFSCME, Local 101 C. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.8 (5) Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, Human Resources Director Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandum of Understanding: MOU between the City of Gilroy and the Firefighters Local 2805 D. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5) Collective Bargaining Unit: Gilroy Management Association Representing Employees Designated as "Exempt ", Excluding Confidential and Council Appointed Employees City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, Human Resources Director Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: Petition for Representation of the Gilroy Management Association There were no public comments on closed session. Assistant City Attorney Houston recommended that the Council assert the attorney client privilege on Item XIII.A. as provided for in the Brown Act and Gilroy Open Government Ordinance, as discussion of the existing litigation in open session would likely prejudice the case. Motion to Adjourn to closed session Motion: to Assert the Attorney Client Privilege on Item XIII.A and Adjourn to Closed Session Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman City Council Meeting Minutes 3/4/2013 5 The Council adjourned to closed at 6:41 p.m. Motion to continue in closed session The Council voted to remain in closed session by the following vote: Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Ter xtpore Perry WRodward 8HAWNA FREELS, MMC City Clerk City Council Meeting Minutes 3/4/2013