Minutes 2015/09/28City of Gilroy
City Council Meeting Minutes
September 28, 2015
SPECIAL MEETING
I. CLOSED SESSION
A. PUBLIC EMPLOYEE APPOINTMENT /EMPLOYMENT
Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a)
(4)
ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each
Councilmember if required by Government Code Section 54957.1 and Gilroy Code
Section 17A.13 (a); Public Report of the vote to continue in closed session if required
under Gilroy Code Section 17A.11 (e)
The City Council convened in closed session at 5:00 p.m.
Present: Council Member Terri Aulman, Council Member Dion Bracco, Council
Member Cat Tucker, Mayor Pro Tempore Perry Woodward, Mayor Gage.
Absent: Council Member Peter Leroe- Munoz, Council Member Roland Velasco
There were no public comments.
The Council adjourned from Closed Session at 5:35 p.m.
REGULAR MEETING
I. OPENING
A. Call to Order
Mayor Gage called the meeting to order at 6:00 p.m.
He then announced that the City Council would reconvene in closed session at the end
of the meeting to further discuss the earlier Public Employee Appointment Closed
Session item.
The pledge of allegiance was led by Council Member Tucker.
The invocation was given by Pastor Greg Quirk of South Valley Community Church.
City Clerk Shawna Freels announced that the agenda had been posted on September
23, 2015 at 3:15 p.m.
Roll Call
Present: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage;
Acting City Attorney Faber; City Administrator Haglund
Absent/Excused: Council Member Peter Leroe- Munoz; Council Member Roland
Velasco
B. Orders of the Day
Mayor Gage stated that the 5:00 p.m. Closed Session item would be continued to the
end of the regular meeting for further discussion.
C. Introductions
There were no employee introductions.
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11. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Gage announced a Proclamation Naming September as Ovarian Cancer
Awareness Month.
Mayor Gage presented a Proclamation Naming October as Community Planning Month.
INTERVIEWS
A. Interviews for One Open Seat on the Arts and Culture Commission
The Council held an interview for the open seat.
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
B. Planning Commission Annual Presentation to Council
The presentation was given by Planning Commission Chair Gullen.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Tucker spoke on the CalTrain Citizen Advisory Committee meeting
discussion of a public meeting in Gilroy on fare increases, and went on to announce that
the Santa Clara Valley Habitat Agency had attained their goals in accumulating land at
the old UTC, which covers 1/3 of the land the Agency was working to protect.
Council Member Aulman announced that her groups had not met during the months of
September.
Mayor Pro Tempore Woodward announced that the CalTrain ridership was at an all -
time high, and they were only recovering .60 cents on the dollar, which had triggered
the need for a fare increase.
MAYOR'S REPORT
Mayor Gage announced that the Economic Development Corporation and the
Downtown Business Association would both be meeting the following month. He went
on to highlight all of the activities and programs for youth through the South Valley
Youth Task Force and Policy Team.
Council Member Peter Leroe -Munoz joined the meeting at 06:19 p.m.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
VI. CONSENT CALENDAR
B. Amendment to Agreements with Rolfe Construction and CALTROP
Corporation for Gilroy- Morgan Hill Joint Trunk Sewer Main Project No. 14 -PW-
208
C. Notice of Acceptance of Completion for Demolition of 7350 Rosanna Street
Parking Improvement Phase 1 Project No. 15 -PW -227
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D. Notice of Acceptance of Completion for Sixth Street Improvements, LED Trail
Lighting, Upgrades, and Fiber Optic Repair Project No. 15 -PW -216
E. Approval of the 2016 City Council Regular Meeting Schedule
F. Approval of Agreements for On -call Environmental Planning Consultants:
Christopher A Joseph & Associates, ICF Jones & Stokes, David J. Powers and
Associates, Inc., Pacific Municipal Consultants, Denise Duffy & Associates,
EMC Planning Group, Inc. and Environmental Science Associates
G. A Resolution 2015 -51 of the City Council of the City of Gilroy Repealing
Resolution No's. 2015 -45 and 2015 -46 in Their Entirety
H. A Resolution 2015 -52 of the City of Gilroy Authorizing the City Administrator
to Execute Agreement With the State Board of Equalization for Implementation
of the Local Prepaid Mobile Telephony Services Collection Act
I. A Resolution 2015 -53 Authorizing the Examination of Prepaid Mobile
Telephony Services Surcharge and Local Charge Records
Motion on the Consent Calendar
Motion: to Approve Items B, C, D, E, F, G, H, I
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat.
Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Roland Velasco
A. Minutes of the September 14, 2015 Regular Meeting
Second Motion on the Consent Calendar
Motion: Approve the Minutes of the September 14, 2015 Regular Meeting
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat
Tucker:
Vote: Motion carried 5- 0 -1 -1.
Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Pro Tempore Perry Woodward;. Mayor Don Gage
Absent: Council Member Roland Velasco
Abstain: Council Member Dion Bracco
VII. BIDS AND PROPOSALS
A. Award of Construction Management Services Contract for the First Street
Waterline Replacement Project
The staff report was presented by Public Works Director Smelser.
There were no public comments.
Motion on Item VII.A.
Motion: to Award Contract to 4Leaf, Inc. in the Amount of $324,208.00 with a
Contingency of $48,600.00
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Terri Aulman.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council. Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Roland Velasco
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B. Award of Construction Management Services Contract for the
Casey /Swanston Street Waterline Replacement Project
The staff report was presented by Public Works Director Smelser.
There were no public comments.
Motion on Item VII.B.
Motion: to Award the Contract to Consolidated CM in the Amount of $128,380.00
with a Contingency of $19,260.00
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Roland Velasco
VIII. PUBLIC HEARINGS
A. Fiscal Year 2014 -2015 Annual Action Plan Amendment for the Community
Development Block Grant (CDBG) Program
The staff report was presented by Grants Coordinator Murillo.
The public hearing was opened; there being none, it was then closed.
Motion on Item VIII.A.
Motion: to Approve an Amendment to the Fiscal Year 2014 -2015 Annual Action
Plan CDBG Program Adding $250,000.00 to Enhance San Ysidro Park
Moved by Council Member Terri Aulman, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Roland Velasco
B. Fiscal Year 2014 -2015 Community Development Block Grant (CDBG)
Consolidated Annual Performance and Evaluation Report
The staff report was presented by Grants Coordinator Murillo.
The public hearing was opened; there being none, it was then closed.
Motion on Item VIII.B.
Motion: to Approve the Consolidated Annual Performance and Evaluation Report
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Terri Aulman.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Roland Velasco
IX. UNFINISHED BUSINESS
A. Appointment of One (1) Member to the Arts and Culture Commission
There were no public comments.
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Motion on Item IX.A.
Motion: to Appoint Janette Contreras Member to the Arts and Culture
Commission to a Tenn Ending December 31, 2016
Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Perry
Woodward.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Roland Velasco
B. Appointment of Seven (7) Members to the Youth Commission
There were no public comments.
Council Member Bracco announced that he had not been present at the interviews and
would not be voting on the item.
Motion on Item IX.B.
Motion: to Appoint Mariah Carpenter, Samantha Drews, Justin Fajardo, Mathew
Plaza and Akash Sabharwal for 2 Year Terms Ending September 30, 2017, and
Pryanka Sabharwal'and Brend O'Connor to Terms Ending September 30, 2016
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Cat Tucker.
Vote: Motion carried 5- 0 -1 -1.
Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
Absent: Council Member Roland Velasco
Abstain: Council Member Dion Bracco
C. High Speed Rail Station Area Plan Progress Update
There were no public comments.
Mayor Pro Tempore Woodward recused himself from deliberations on the item stating
that he owned real property within 500 feet of the High Speed Rail station area. He then
left the dais.
The staff report was presented by Planner Bischoff.
There were no public comments.
Motion on Item IX.C.
Motion: Approve Receive Report
Moved by Council Member Peter Leroe - Munoz, seconded by Council Member
Terri Aulman.
Vote: Motion carried 5- 0 -1 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage
Absent: Council Member Roland Velasco
Abstain: Mayor Pro Tempore Perry Woodward
X. INTRODUCTION OF NEW BUSINESS
Mayor Pro Tempore Woodward returned to the dais.
A. Youth Scholarship Program Update
The staff report was presented by Recreation Manager DeLeon.
There were no public comments.
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Motion on Item X.A.
Motion: Receive Report
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Cat Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Roland Velasco
B. Review of Proposed Color Palette Ordinance
The staff report was presented by Senior Planner Tolentino. .
Public comment was opened.
Ron Kirkish was called to speak explaining that he believed that earth tones should be
reviewed more.
Janette Contreras was called to speak thanking the Council for their care in finding a
compromise.
Public comment was then closed.
Motion on Item X.B.
Motion: to Provide Direction to Staff to study the City of Campbell more as a
model.
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe - Munoz.
Vote: Motion carried 4 -2 -1.
Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor
Pro Tempore Perry Woodward; Mayor Don Gage
No: Council Member Dion Bracco; Council Member Cat Tucker
Absent: Council Member Roland Velasco
C. General Fund Reserve Policy Review
The staff report was presented by finance director Turner.
Public comment was opened.
Ron Kirkish was called to speak sharing the financial tragedies of several cities during
the great recession, and recommending that the Council continue with the existing
reserve policies.
Public comment was then closed.
Motion on Item X.C.
Motion: Approve Receive Report
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Terri Aulman.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore
Perry Woodward; Mayor Don Gage
Absent: Council Member Roland Velasco
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
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XIII. CLOSED SESSION
A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT
Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) (a)
Collective Bargaining Unit: AFSCME Local 101 Representing Employees Affiliated with
AFSCME, Local 101
City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, Human
Resources Director; Charles Sakai, Labor Negotiations Counsel
Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions
Memorandums of Understanding: MOU Between City of Gilroy and AFSCME, Local 101
PUBLIC EMPLOYEE APPOINTMENT /EMPLOYMENT
Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a)
(4)
There were no public comments.
Motion to Ad*ourn to Closed Session
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Cat Tucker.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
Absent: Council Member Peter Leroe- Munoz; Council Member Roland Velasco
The Council adjourned to closed session at 8:25 p.m.
The Council reconvened in open session.
Closed Session Announcement
PUBLIC EMPLOYEE APPOINTMENT /EMPLOYMENT
Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4)
The Gilroy City Council appointed Ed Tewes as Interim City Administrator subject
to the approval of an interim employment agreement.
Vote: Motion carried 5 -1 -1.
Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council
Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
No: Council Member Dion Bracco
Absent: Council Member Roland Velasco
SHAWNA FREELS, MMC
City Clerk
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City Council Meeting Minutes
9/28/2015