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Minutes 2013/05/20City of Gilroy City Council Meeting Minutes May 20, 2013 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:00 p.m. The pledge of Allegiance was led by Council Member Tucker. The invocation was given by Pastor Malcolm MacPhail of New Hope Community Church. City Clerk Shawna Freels announced that the agenda had been posted on May 15, 2013 at 12:30 o.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 new employee introductions. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented a proclamation declaring the month of May as Foster Care Month. Mayor Gage announced the letter of congratulations for Isabelle Diaz. 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 There were no public comments on items not on the agenda. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker spoke on the Habitat Agency meetings the previous week r explaining that the Agency would be housed at the Morgan Hill government center. She then announced that she had been selected as Chair of Governing Board. Council Member Arellano spoke on the very successful Robert Guerrero Day event on Saturday. Council Member Aulman spoke on the natural science day events at Gilroy Gardens, and shared information on her work on the YMCA Board, explaining that the YMCA was looking into potential partnerships with the city. She concluded by sharing the Leadership Gilroy 2 program that had just kicked off. City Council Meeting Minutes 5/20/2013 Council Member Leroe -Munoz spoke on the subcommittee meeting on Saturday and the review of the city attorney services, explaining that the subcommittee planned to make recommendations to the Council after reviewing more information. He then spoke on the Gang Task Force meeting, sharing the MACSA camp and Junior Giants Baseball camp and then congratulated winners of the Battle of the Arts competition. MAYOR'S REPORT Mayor Gage spoke on the Downtown Business Association Board had met and would be discussing the way finding signs the following meeting and he then spoke on the SCRWA budget approval. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Bracco spoke on the Big League Dreams proposal several year prior, suggesting that the Council re- consider the proposal. Mayor Gage suggested agendizing an item on proposing a quality of life bond to enhance the city for projects such as the arts facility, parking in the downtown, enlarging the sports park, and other city enhancement options. The City Council agreed to agendize both items at a future agenda, prior to the August 5, 2013 meeting. VI. CONSENT CALENDAR Council Member Arellano explained that he would be recusing from voting on Item A as he had not been present at the meeting. A. Minutes of May 6, 2013 Regular Meeting Motion on Consent Calendar Item A Motion: to approve Consent Calendar Item A Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -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. Resolution No. 2013 -13 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 Gilroy City Code Chapter 10A Motion on Consent Calendar Item B. Motion: approve Resolution No. 2013 -13 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 Gilroy City Code Chapter 10A 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 City Council Meeting Minutes 5/20/20.13 VII. BIDS AND PROPOSALS There were no bids or proposals. VIII. PUBLIC HEARINGS A. Public Health Goal Report of the City of Gilroy Drinking Water The staff report was presented by Operations Manager Stubchaer. The public hearing was opened and there being no comment, the hearing was closed. Motion on Item VIII.A. Motion: to Receive the Report Moved by Council Member Peter Leroe- Munoz, 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. Consideration of the Adoption of the City of Gilroy Operating Budget for Fiscal Years 2013 -2014 (FY 14) and 2014 -2015 (FY 15), Capital Improvement Budget for Fiscal Years 2013 -2014 (FY 14) Through 2018 -2019 (FY 19), Appropriation Limit for Fiscal Year 2013 -2014; and Approval of the South County Regional Wastewater Authority (SCRWA) Operating Budget for Fiscal Years 2013 -2014 (FY 14) and 2014 -2015 (FY 15), and Capital Improvement Budget for Fiscal Years 2013 -2014 (FY 14) Through 2018 -2019 (FY 19) The staff report was presented by Finance Director Turner The public hearing was opened, there being no comments, the hearing was closed. Motion on Item VIII.B. Motion: to Adopt Resolution 2013 -14 of the City Council of the City of Gilroy Adopting the Budget for Said City for Fiscal Years 2013 -2014 (FY 14) and 2014- 2015 (FY 15) and Appropriating Proposed Expenditures for the Purposes Set Forth in the Budget 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 Second Motion on Item VIII.B. Motion: to Adopt Resolution No. 2013 -15 of the City Council of the City of Gilroy Setting the Appropriation Limit for Fiscal Year 2013 -2014 Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano M.D.. 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 Third Motion on Item VIII.B. Motion: to Approve the Capital Improvement Budget for Fiscal Years 2013 -2014 (FY 14) Through 2018 -2019 (FY 19) Moved by Council Member Cat Tucker, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. City Council Meeting Minutes 5/20/2013 11 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 Fourth Motion on Item VIII.B. Motion: to Approve the South County Regional Wastewater Authority (SCRWA) Operating Budget for Fiscal Years for Fiscal Years 2013 -2014 (FY 14) and 2014- 2015 (FY 15) and Capital Improvement Budget for Fiscal Years 2013 -2014 (FY 14) Through 2018 -2019 (FY 19) Moved by Council Member Terri Aulman, 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 IX. UNFINISHED BUSINESS A. Appointment of One (1) Member to the Public Art Committee to Fill an Unexpired Term Ending December 31, 2016 There were no public comments. Motion on Item IX.A. Motion: to Appoint Louise Shields to the Public Art Committee With a Term Expiation of December 31, 2016 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 X. INTRODUCTION OF NEW BUSINESS A. Extension of Chapter 6, Article VI of the City Code to June 16, 2015 to Allow for the Completion of the Seismic Safety Retrofitting Program for Unreinforced Masonry Buildings The staff report was presented by Community Development Director Abrams. There were no public comments. Motion on Item X.A. Motion: to Adopt Resolution No. 2013 -16 of the City Council of the City of Gilroy Extending Chapter 6, Article VI of the Gilroy City Code Entitled "Unreinforced Masonry Building (URM) Ordinance " to Complete the Seismic Safety Retrofitting Program for Unreinforced Masonry Buildings to December 16, 2013 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 XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund stated that the city had issued a RFP for audit services asking for 2 Council Members to serve on the interview team. City Council Meeting Minutes 5/20/2013 5 Mayor Pro Tempore Woodward and Council Member Aulman agreed to serve. XII. CITY ATTORNEY'S REPORTS City Attorney Callon explained that there was a lawsuit with YCS investors that would be discussed with Council in closed session. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) and Gilroy City Code Section 17.A.11(c)(1) Name of Case: YCS Investments, Inc. v. City of San Jose, County of Santa Clara, City of Morgan Hill, City of Gilroy, Santa Clara Valley Water District, Santa Clara Valley Transportation Authority, and Santa Clara Valley Habitat Agency Court: Superior Court of the State of California, County of Santa Clara Case No.: 1- 13 -CV- 245523 Date Case Served: May 7, 2013 &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): MOU Between the City of Gilroy and AFSCME, Local 101 C.CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.8 (5) L Collective Bargaining Unit: Gilroy Management Association Representing Employees Designated as "Exempt', Excluding Unrepresented Confidential Management 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): MOU Between the City of Gilroy and Gilroy Management Association City Attorney Callon advised the Council that they were being asked to enter into closed session on Item A as provided for in the Brown Act and Open Government Ordinance as discussion of the litigation strategy in open session could potentially harm the city's position in the case. Motion on Item XIII.A. Motion: to Assert the Attorney Client Privilege on Item XIII.A and Adjourn to Closed Session Moved by Council Member Peter Leroe- Munoz, 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 The Council adjourned to closed session at 6:50 p.m. City Council Meeting Minutes 5/20/2013 M Closed Session Announcement on Item A. The City Council announced that they had voted 7 -0 to authorize the execution of a stipulation to stay the YCS Investments, Inc litigation for one year. Motion to continue in closed session The Council voted to remain in closed session on Item XIII.A by the following vote: Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Terri r l Aulman; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter L-J Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward /Shawna Freels, MMC City Clerk City Council Meeting Minutes 5/20/2013