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Minutes 2013/04/15City of Gilroy City Council Meeting Minutes April 15, 2013 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:01 p.m. The pledge of allegiance was led by Council Member Arellano. The invocation was given by Pastor Mark Turner of South Valley Community Church. City Clerk Shawna Freels announced that the agenda had been posted on April 10, 2013 at 10:45 a.m., and the revised agenda had been posted on April 10, 2013 at 7:15 p.m. Roll Call Present: 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 B. Orders of the Day There were no agenda changes. C. Introductions There were no employee introductions. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented certificates of appreciation to Gloria Medina and Yogi Vashee, retiring members of the Citizens Advisory Committee. Mayor Gage presented a proclamation in honor of National Crime Victims' Rights Week April 21 -27, 2013 Mayor Gage announced the proclamation naming Tuesday April 30, 2013 as Jazz Day, and the Month of April as Jazz Appreciation Month 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 There were no public comments on items not on the agenda. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker explained that as a Alternate Commissioner to LAFCO, appointed by the Santa Clara County Cities Association, she had attended the April 3` LAFCO meeting and the Board had directed staff to address information coming from a recent review of the Santa Clara Valley Memorial District which oversaw the Gilroy Veterans Hall. She explained details of the review and direction given by the Board stating that six special districts were reviewed and each report was available on the LAFCO website. Stated then stated that she hoped for the best. City Council Meeting Minutes 4/15/2013 Council Member Arellano thanked everyone involved in the recent community forums on violence and shared details of the local peace march to stop violence and terrorism. He then stated that his thoughts and prayers went out to the victims' in Boston. Council Member Leroe -Munoz also shared the sentiment about the victims in Boston and went on to report that the Water District Water Commission had met and was looking into conservation efforts and contemplated a water rate increase in both the southern and northern areas of the county of approximately .34 cents per month. He then spoke on the local forums on violence in the community thanking staff and sharing the need to take action to reduce gang activity in the community. He concluded by stating that the recent Senior Ball and volunteer dinner had been successes. Council Member Aulman stated that she had a heavy heart for the victims' and their families in Boston. MAYOR'S REPORT Mayor Gage reported that the Downtown Business Association Board had met and planned to discuss the downtown banners, way- finding sings and archways at their next meeting, and had addressed issues with their annual budget. He went on to report that Sister Cities was planning the annual fundraising dinner and tickets were available for sale, and then spoke on the Santa Clara Valley Habitat Plan explaining that the plan's consultant had been asked to attend a Chamber of Commerce meeting to provide a clear understanding of the plan. He reported that Assembly Member Alejo was looking for the city's support on a bill he had authored on funding for gang suppression, and the Mayor had recognized that Gilroy had not been included in the proposed bill and had sent a letter to the Assembly Member asking that Gilroy be included. He concluded his report by stating that SCRWA had approved a balanced budget at the last meeting. . V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of the Regular Meeting of April 1, 2013 B. First Amendment to Agreement with Santa Clara County for Countywide Household Hazardous Waste Collection Program C. Declaration of Fleet Vehicles and Equipment as Surplus Property and Authorization to Sell, Auction or Dispose of Surplus Items in the Most Efficient Means Possible D. Claim of John Bowles (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) E. Claim of Daniel Mello (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) Motion on the Consent Calendar Motion: to approve consent calendar items A, B, C, D, E Moved by Council Member Cat Tucker, seconded by Council Member Terri Aulman. 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 City Council Meeting Minutes 4/15/2013 VII. BIDS AND PROPOSALS A. Selection of Consultants for the Preparation of the New Gilroy General Plan, General Plan Environmental Impact Report and Associated Services The staff report was presented by Senior Planner Ketchum. Public comment was opened; there being none, public comment was then closed. Motion on Item VII.A. Motion: to Approve the Selection of Mintier - Harnish and EMC Planning Group, or if needed, Planning Center /DC &E, for the Preparation of the New Gilroy General Plan, Gilroy General Plan EIR and Associated Services Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. 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 B. Approval of the Purchase of Hewlett Packard (HP) Computers from Hewlett Packard Under the Western States Contracting Alliance (WSCA) Government Contract The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item VII.B. Motion: to Approve the Purchase of Computers from Hewlett Packard Under the Western States Contracting Alliance (WSCA) Government Contract Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Perry Woodward. 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 VIII. PUBLIC HEARINGS A. 2013 Community Development Block Grant (CDBG) and Housing Trust Fund (HTF) Public Service Funding Allocation Recommendations The staff report was presented by Housing and Community Development Grants Manager Roaf. The public hearing was opened. David Cox recognized staff and the Citizens Advisory Committee for their work on the review all of the proposals and for their recommendations. C Diana Hicks of Project Sentinel thanked the city for review of their proposal and for providing services in the community. Linda Ashford thanked the Council for the services provided through the CDBG program funding. There being no further public comments, the hearing was closed. City Council Meeting Minutes 4/15/2013 n Motion on Item VIII.A. Motion: to Receive the Distribution of 2013 Community Development Block Grant (CDBG) and Housing Trust Fund (HTF) Funds and Approve the Funding Distribution Recommendations Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. 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 B. An Urgency Interim Ordinance of the City Council of the City of Gilroy Extending a Temporary Moratorium on the Establishment, Expansion, or Relocation of Payday Lending and Check Cashing Businesses Within the City of Gilroy, and Declaring the Urgency Thereof The staff report was presented by Community Development Director Abrams. The public hearing was opened. Alex Espinosa spoke against the adoption of the ordinance stating that eliminating payday lending service would cause unlicensed internet payday loan companies to be sought out. Irene Pena spoke in opposition to the elimination of payday loan businesses stating that the message was being sent to the community to not provide employment for community members. Internet businesses would be used for the same services. Karen Wood spoke in opposition to the adoption of the ordinance. Angelina Taylor spoke in opposition to the adoption of the ordinance explaining that the services were needed in the community. Erin O'Brien spoke in support of the payday loan moratorium ordinance explaining that people who used the services could not get out of the perpetual loan system. The public hearing was closed. Motion on Item VIII. B. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Dion Bracco, seconded by Council Member Cat Tucker. 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 City Clerk Freels read the ordinance by title. Second Motion on Item VIII.B. Motion: to Adopt Urgency Ordinance No. 2013 -07 of the City Council of the City of Gilroy Extending a Temporary Moratorium on the Establishment, Expansion, or Relocation of Payday Lending and Check Cashing Businesses Within the City of Gilroy, and Declaring the Urgency Thereof 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 IX. UNFINISHED BUSINESS - NONE City Council Meeting Minutes 4/15/2013 X. INTRODUCTION OF NEW BUSINESS A. Community and Memorial Contributions Application from the Gilroy Garlic Festival Association, Inc. (GGFA) for Improvements to Christmas Hill Park The staff report was presented by Operations Manager Stubchaer. Public comment was opened. Executive Director of the Garlic Festival Association Brian Bowe spoke on the donation to the city. Public comment was closed. Motion on Item X.A. Motion: to Approve the Community and Memorial Contributions Application from the Gilroy Garlic Festival Association, Inc. (GGFA) for improvements to Christmas Hill Park Moved by Council Member Cat Tucker, 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 B. Proposed Right of Way Use Agreement for NewPath Network, LLC's Installation of Wireless Telecommunications Facilities in Public Right -of -Way I The staff report was presented by Transportation Engineer Servin. There were no public comments. Motion on Item X.B. Motion: to Approve the Right of Way Use Agreement for NewPath Network, LLC's Installation of Wireless Telecommunications Facilities in the Public Right- of -way Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. 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 C. City Attorney Services Cost Review The staff report was presented by Human Resources Director McPhillips. Motion on Item X.C. Motion: to direct staff to provide an additional report with cost comparison for in- house City Attorney services and appointment of a subcommittee of Council to give staff direction of what is to be reported back. Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -2. Yes: Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman No: Council Member Peter Arellano M.D.; Mayor Don Gage Council Members Woodward, Aulman and Leroe -Munoz were selected to serve as sub Committee Members. City Council Meeting Minutes 4/15/2013 XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund reported that the budget study sessions would be held the following week, and announced that the city had been successful with bicycle VTA grants. He thanked staff for the volunteer recognition event the previous week and spoke on a planned community meeting at Elliot School. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9 (d) (2) and Gilroy City Code Section 17A.11 (c) (2) One (1) Case as Defendant City Attorney Callon explained that the Council was being asked to enter into closed session on Item A as the city would prejudice its position if the litigation strategy was discussed in open session. 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 L— 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: MOU between the City of Gilroy and the Gilroy Management Association E. PUBLIC EMPLOYEE APPOINTMENT /HIRING Pursuant to Government Code Section 54957 (b); Gilroy City Code Section 17A.8 (a) (4) Title of Position to Be Filled: Fire Chief There were no public comments. Motion on Closed Session Motion: to assert the attorney client privilege and adjourn to closed session on Item XIII.A. Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Peter Arellano M.D. City Council Meeting Minutes 4/15/2013 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 The Council adjourned to closed session at 7:43 p.m. Motion to continue in closed session The Council voted to remain in closed session on Items B., C, D, and E. by the following vote: 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 Closed Session Announcement on Items B, C, D The City Council announced that they had provided direction to staff labor negotiators regarding labor negotiations. Closed Session Announcement on Item E. The City Council announced that they consented to the City Administrator's selection of Alan Anderson as Fire Chief. SHAWNA FREELS/ MMC City Clerk City Council Meeting Minutes 4/15/2013