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Minutes 2015/11/16City of Gilroy City Council Meeting Minutes November 16, 2015 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 Bracco. The invocation was given by Bishop Jim Rawlings. City Clerk Shawna Freels announced that the agenda had been posted on November 10, 2015 at 1:30 p.m. Roll Call Present: Council Member Terri Aulman; Council Member,Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage B. Orders of the Day Mayor Gage announced that Item X.E., Proactive Enforcement of Multi- family Buildings would be moved to December 7, 2015. C. Employee Introductions Newly hired IT Technician Arnold Pasco Was introduced. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented a Proclamation honoring Sig Sanchez. Mayor Gage presented the Proclamation naming November 23 -28, 2015 National Family Week. III. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHINTHE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL B. Bicycle Pedestrian Commission Annual Presentation to the City Council The presentation was given by Chairperson Lai. IV. REPORTS OF COUNCIL MEMBERS Council Member Leroe Munoz spoke on the Cities Association resolution adopted at the last meeting regarding homeless housing. He then spoke on the HSR committee meeting and discussed the impacts of the HSR, and he then shared the next meeting date. He concluded by announcing that Fire Chief Anderson's son Mayor Pro Tempore Woodward spoke on a recent meeting with the judge at the So. County Superior Court regarding reduced hours at the south county courts as the new family court in San Jose would be utilized for family court issues. City Council Meeting Minutes 11/16/2015 2 MAYOR'S REPORT Mayor Gage spoke on the EDC board retreat the previous week and discussion of involving all stakeholders on the same prioritized direction. He then spoke on the Gilroy Youth Task Force plans to meet twice per year. He went on to share the discussions of raising funding for the CallD program. He then spoke on the plans for solar at the SCRWA site to supply the plant and possibly to sell back to PG &E. He then spoke on the URM Task Force meeting the previous week and work on one additional property. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Tempore Woodward requested a future item to address the impacts to the Police Department with the reduction at the So. County Courthouse for traffic court items. VI. CONSENT CALENDAR Council Member Aulman announced that she would recuse from voting on item D, explaining that she owned property within 500 feet of the subject site. A. Minutes of the November 2, 2015 Regular Meeting B. Eigleberry Street Resurfacing Project 14-PW -213 Change Order Increasing the Contract with Granite Rock by $433,260.00, the Contingency Amount by $233,000.00 and the Construction Management Contract with MINIS Engineers by $160,500.00 C. Claim of Joseph Junior Rodriguez (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) E. A Resolution No. 2015 -57 of the City Council of the City of Gilroy Approving the Submittal of a Functional Classification Change for Local Streets and Roads to the State of California, Department of Transportation for Fourth and Fifth Street Streetscape Projects F. A Resolution No. 2015 -58 of the City Council of the City of Gilroy Ordering the Vacation of 5 -Foot by 24 -Foot Portions of the Public Service Easements and Emergency Vehicle Access Easements Lying Within 51 Lots as Shown on the Map of "Tract 10184 Oak Place" Filed for Record on November 26, 2003 in Book 866 of Maps, Pages 24 Through 33, Records of Santa Clara County, California G. Changes to Public Works Standard Details and Specifications Motion on the Consent Calendar Motion: Approve Items A, B, C, E, F, G Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Pent' Woodward. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage D. Utility Easement Agreement with Syngenta Flowers, Inc. for Agricultural Water Wells, Pipelines and Electrical Lines Within Portions of APN's 810 -21 -021 and 810 -21 -022 Motion on the Consent Calendar Item VI.D. Motion: Approve a Utility Easement Agreement with Syngenta Flowers, Inc. for Agricultural Water Wells, Pipelines and Electrical Lines Within Portions of.APN's 810 -21 -021 and 810 -21 -022 Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- City Council Meeting Minutes 11/16/2015 Munoz. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Abstain: Council Member Terri Aulman VII. BIDS AND PROPOSALS There were none. Vlll. PUBLIC HEARINGS A. Public Hearing to Add Properties Subject to the Weed Abatement Program and Adoption of a Resolution Ordering the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code The staff report was presented by Community Development Director Abrams. The public hearing was opened; there being no comment it was then closed. Motion on Item VIII.A. Motion: to Adopt Resolution No. 2015 -59 of the City Council of the City of Gilroy Ordering the Fire Chief to Abate the Nuisance Arising out of Weeds Growing and Refuse Accumulating upon the Property in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy City Code Moved by Council Member Peter Leroe - Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage IX. UNFINISHED BUSINESS There was none. X. INTRODUCTION OF NEW BUSINESS A. A Memorandum of Understanding Between the City of Gilroy and AFSCME, Local 101 Gilroy Chapter, General Unit for the Period of November 1, 2015 Through December 31, 2016 The staff report for both items XA and XB was presented by Human Resources Director McPhillips. Public comment was opened; there being none it was then closed. Motion on Item X.A. Motion: to Approve a Memorandum of Understanding Between the City of Gilroy and AFSCME, Local 101, Gilroy Chapter, General Unit for the Period of November 1, 2015 Through December 31, 2016 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage City Council Meeting Minutes 11/16/2015 4 Second Motion on Item X.A. Motion: to Adopt a Resolution No. 2015 -60 of the City.Council of the City of Gilroy Approving the November 1, 2015 Salary Schedule and the July 1, 2016 Salary Schedule for Personnel Represented by AFSCME, Local 101 Gilroy Chapter, General Unit Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage B. Memorandum of Understanding Between the City of Gilroy and AFSCME, Local 101 Gilroy Chapter, Supervisory Unit for the Period of November 1, 2015 Through December 31, 2016 There were no public comments. Motion on Item X.B. Motion: to Approve a Memorandum of Understanding Between the City of Gilroy and AFSCME, Local 101, Gilroy Chapter, Supervisory Unit for the Period of November 1, 2015 Through December 31, 2016 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Second Motion on Item X.B. Motion: to Adopt Resolution No. 2015 -61 of the City Council of the City of Gilroy Approving the November 1, 2015 Salary Schedule and July 1, 2016 Salary Schedule for Personnel Represented by AFSCME, Local 101 Gilroy Chapter, Supervisory Unit Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe - Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage C. 1st Quarter 2015 -2016 Budget Review The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.C. Motion: to Accept the Report Moved by Council Member Cat Tucker, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Terri.Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage D. Modifications to the Agricultural Mitigation Policy The staff report was presented by Planning Manager Martin. Public comment was opened; there being none it was then closed. City Council Meeting Minutes 11/16/2015 Motion on Item X.D. Motion: to Modify the Agricultural Mitigation Policy with findings that the policy is feasible Moved by Council Member Cat Tucker, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage E. Proactive Enforcement of Multi- family Buildings The item was moved to the December 7, 2015 meeting. XI. CITY ADMINISTRATOR'S REPORTS Interim City Administrator Tewes spoke on the funding spent for the Eiglebeny Street resurfacing project in the downtown bringing the public funding investment in the downtown to $15 million over the last 10 years, explaining that it was in addition to the city's annual funding support of the Downtown Business Association. He then shared the timeline for the First Street utility construction work from Monterey to Santa Teresa. Ron Kirkish was called to speak sharing an article in the Dispatch regarding the improvements in the downtown and further spoke on future monies that were to be devoted to the downtown improvements. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9 (d) (1) and Gilroy City Code Section 17A.11 (3) (a) Name of Case: Christine Chase v. City of Gilroy, et al Court: Santa Clara County Superior Court Case No.: 1- 13 -CV- 256615 Date Case Filed: 11/22/2013 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7380 Dowdy Street, Gilroy, Ca.; APN 79917051 Negotiators: Ed Tewes, Interim City Administrator; Rick Smelser, Public Works Director Other Party to Negotiations: Patricia Mondragon Under Negotiations: Price and Terms of Payment Assistant City Attorney Houston explained that the Council was entering into closed session on item A as discussions in open session would unavoidably prejudice the city's position in the case. There were no public comments. Motion to Adiourn to Closed Session Motion: Approve Motion to Adjourn to Closed Session Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Dion Bracco; Council Member Peter Leroe - Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry City Council Meeting Minutes 11/16/2015 1 1 1 Woodward; Mayor Don Gage Absent: Council Member Terri Aulman 1 n 1 SHAWNA FREELS, MMC City Clerk City Council Meeting Minutes 11/16/2015