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.
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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-
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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
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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.
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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
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Woodward; Mayor Don Gage
Absent: Council Member Terri Aulman
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SHAWNA FREELS, MMC
City Clerk
City Council Meeting Minutes
11/16/2015