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Minutes 2013/06/17City of Gilroy City Council Meeting Minutes June 17, 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 Aulman. 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 June 12, 2013 at 3:15 p.m. Roll Call Present: Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent/Excused: Council Member Peter Arellano M.D.; Mayor Pro Tempore Perry Woodward B. Orders of the Day There were no agenda changes. C. Introductions Finance Director Turner to introduce newly hired IT Manager Scott Golden. Police Chief Turner introduced newly hired Youth Task Force Coordinator Bernice Aguilera. Council Member Peter Arellano M.D. joined the meeting at 6:05 p.m. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage announced the proclamation honoring Phil Robb, explaining that it had been previously presented. A. STUDY SESSION Proposed Amendments to Gilroy Zoning Ordinance Sections 2 -54 The item was presented by Planner II Durkin. Public comment was opened. Gary Walton spoke on the issue of parking in the downtown explaining that he believed parking should be reduced. He suggested that city's such as San Francisco and Saratoga had no such requirements and then spoke on increases in pedestrian and bicycle traffic and reduction in vehicle traffic. Public comment was then closed. City Council Meeting Minutes 6/17/2013 2 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 Tim Gavin handed out material to the Council regarding the circulation element from various years stating that the 1968 general plan map had been ignored. There were no further public comments. B. Library Commission's Annual Presentation to Council Chair of the Library Commission Carol Smith presented the report. Gilroy Librarian Lani Yoshimura spoke on the value of the new library and presented information on the Santa Clara County JPA bond measure on the August ballot, which would help to support the operations of the facility. John Russell shared positive comments regarding the new Gilroy library stating that it was a huge contribution to the city IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco shared the Library JPA minutes in the packet and spoke on the work the Sign Ordinance Task Force had conducted which would be coming before Council in the near future. Council Member Tucker shared the meeting minutes in the packet from the agencies she attended. Council Member Leroe -Munoz spoke on the first meeting of the Cities Association that he had attended stating that they had endorsement of SB 391 and then spoke on the County Emergency Preparedness County representative seat explaining that the Cities Association would be deciding how to appoint the representative member. Council Member Aulman spoke on the annual retreat of the Gilroy Gardens Board planned for the following day and then shared plans to align the goals with the City goals, and to make future plans for the park. She then spoke on the plans to create the new Emergency Preparedness Council sharing concerns. She then shared programming planned by the YMCA and concluded by detailing VTA improvements and the One Bay Area Plan. MAYOR'S REPORT Mayor Gage stated that the Downtown Association Board had conducted a very successful Shark Tank event and then spoke on the Sister Cities fundraiser and visitors coming for the Garlic Festival at the end of July. He then explained that the Cal ID program was moving forward as the County Board had approved the agreement and SCRWA had approved consultant contracts. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of June 3, 2013 Regular Meeting B. A Resolution 2013 -21 of the City Council of the City of Gilroy Supporting Measure A, Santa Clara County Library District City Council Meeting Minutes 6/17/2013 3 C. A Resolution 2013 -22 of the City Council of the City of Gilroy Endorsing the "Plant- Eat - Share" Campaign D. Notice of Acceptance of Completion for Property Improvement Agreement No. 2011 -03 Oliveri Subdivision, Tract 10073, APN 790 -07 -029 E. A Resolution 2013 -23 of the City Council of the City of Gilroy Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee Motion on the Consent Calendar Motion: to approve Consent Calendar Items A, B, C, D and E Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Mayor Pro Tempore Perry Woodward VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. Public Hearing to Consider the Placement of Liens for the Non - payment of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy The staff report was presented by Finance Director Turner. The public hearing was opened, there being no comment it was then closed. Motion on item VIII.A. Motion: to Adopt a Resolution 2013 -24 of the City Council of the City of Gilroy Imposing Special Assessment Liens for the Costs of Delinquent Garbage, Rubbish and Refuse Collection Services for Certain Properties Located in Gilroy Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Mayor Pro Tempore Perry Woodward IX. UNFINISHED BUSINESS A. Sunrise Park Improvements The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item IX.A. Motion: to Approve the Recommended Listing of Projects for Sunrise Park Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 5 -1 -1. Yes: Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman No: Council Member Peter Arellano M.D. City Council Meeting Minutes 6/17/2013 Absent: Mayor Pro Tempore Perry Woodward B. Progress Report on Downtown Historic Archway Project The staff report was presented by Transportation Engineer Servin. There were no public comments. Motion on Item IX.B. Motion: to direct staff to look into alternate Archway Locations, to Delay the Project Until Completion of the High Speed Rail Overlay, to Accept the Developer Payment of $250,000.00, and to Condition Future Projects to Fund a Second Archway Moved by Council Member Peter Arellano M.D., seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Mayor Pro Tempore Perry Woodward X. INTRODUCTION OF NEW BUSINESS A. Acceptance of Assistance to Firefighters Grant Award for Portable Radios The staff report was presented by Fire Division Chief Martin. There were no public comments. Motion on Item X.A. Motion: to Accept Award of $100,000.00 for the Purchase of Mortorola Portable Radios Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Mayor Pro Tempore Perry Woodward The Council took a break at 8:41 p.m. The meeting reconvened at 8:48 p.m. B. Unreinforced Masonry Building (URM) Upgrade Financing Options The staff report was presented by Development Center Manager Butler. Public comment was opened. John Russell spoke on the importance of the buildings to the history of the community and need to preserve their integrity. w Gary Walton spoke on additional possibilities with regards to options for the URM buildings sharing details of unemployment and sales tax revenues in the downtown suggesting that the city could generate a lot of revenue if the 21 buildings were fixed. Tom Fischer spoke on the length of time the City council had been grappling with the issue speaking on the need for receiverships. City Council Meeting Minutes 6/17/2013 5 Connie Rogers of the Historic Society stated that the group supported the idea of renovating the buildings to retain the historic charm of the downtown. Public comment was then closed. Motion on Item X.B. Motion: to Receive the Report and Provide Direction to Staff to go after options #1 and #2 and review the seismic safety ordinance. Moved by Council Member Peter Arellano M.D., seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Mayor Pro Tempore Perry Woodward C. Approval of Memorandums of Understandings with AFSCME, Local 101 General and Supervisory Units, and Related Salary Schedules The staff report was presented by Human Resources Director McPhillips. There were no public comments. Motion: to Approve a Memorandum of Understanding Between the City of Gilroy and the AFSCME, Local 101 - General Unit, Gilroy Chapter for the Period July 1, 2013 to June 30, 2015 Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Mayor Pro Tempore Perry Woodward C. Approval of Memorandums of Understandings with AFSCME, Local 101 General and Supervisory Units, and Related Salary Schedules There were no public comments. Motion on Item X.C. Motion: to Approve a Memorandum of Understanding Between the City of Gilroy and the AFSCME, Local 101 - Supervisory Unit, Gilroy Chapter for the Period of July 1, 2013 to June 30, 2015 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Mayor Pro Tempore Perry Woodward Second Motion on Item X.C. Motion: approve Motion to Adopt a Resolution 2013 -25 of the City Council of the City of Gilroy Establishing the July 1, 2013 and July 1, 2014 Salary Schedules for Personnel Represented by AFSCME, Local 101 General and Supervisory Units as Well as Related Unrepresented Non - Exempt Confidential Employees Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. City Council Meeting Minutes 6/17/2013 Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Mayor Pro Tempore Perry Woodward D. Approval of Memorandum of Understanding with Gilroy Management Association (GMA), Related Salary Schedules and Elimination of the CalPERS Employer Paid Member Contribution for Exempt Safety Management Employees The staff report was presented by Human Resources Director McPhillips. There were no public comments. Motion on Item X.D. Motion: to Approve a Memorandum of Understanding Between the City of Gilroy and the Gilroy Management Association for the period July 1, 2013 to June 30, 2015 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Mayor Pro Tempore Perry Woodward Second Motion on Item X.D. Motion: to Adopt a Resolution 2013 -26 of the City Council of the City of Gilroy Establishing the July 1, 2013 and July 1, 2014 Salary Schedules for Personnel Represented by the Gilroy Management Association as Well as Related Unrepresented Confidential Exempt Mid - Management Employees Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Peter Arellano M.D.. Vote: Motion carried 6 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Mayor Pro Tempore Perry Woodward Third Motion on Item X.D. Motion: to Adopt a Resolution 2013 -27 of the City Council of the City of Gilroy Discontinuing Payment and Reporting of Employer Paid Member Contribution to CalPERS for Exempt Safety Management Employees Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Peter Arellano M.D.. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Mayor Pro Tempore Perry Woodward E. Consideration of Updated Salary Schedules for Unrepresented Department Head Employees and Unrepresented Part-Time, Temporary, & Seasonal Employees The staff report was presented by City Administrator Haglund. There were no public comments. Motion on Item X.E. Motion: to Adopt a Resolution 2013 -28 of the City Council of the City of Gilroy City Council Meeting Minutes 6/17/2013 VA Establishing the July 1, 2013 and July 1, 2014 Salary Schedules for Unrepresented Department Head Employees and Unrepresented Part-time, Temporary and Seasonal Employees Moved by Council Member Cat Tucker, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Mayor Pro Tempore Perry Woodward XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on his welcome speech to incoming summer recreation staff. 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: CW Design & Development, Inc. v. City of Gilroy, et al Court: Superior Court of California, County of Santa Clara Case No. 113CV241887 Date Case Filed: February 27, 2013 There were no public comments. City Attorney Callon explained that the Council was being asked to enter into closed session on the item as discussion in open session could prejudice the City's position in the case. Motion on Closed Session Item A. Motion: to Assert the Attorney Client Privilege on Item XIII.A and Adjourn to Closed Session Moved by Council Member Peter Arellano M.D., seconded by Council Member Terri Aulman. Vote: Motion carried 5 -0 -2. Yes: Council Member Peter Arellano M.D.; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent: Council Member Dion Bracco; Mayor Pro Tempore Perry Woodward The Council adjourned to closed session at 10:05 p.m. 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 Aulman; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perryi�lloodward ,, 1 SHAWNA FREELS-; MMC City Clerk City Council Meeting Minutes 6/17/2013