Loading...
Minutes 2016/01/25City of Gilroy _City Council Meeting Minutes January 25, 2016 I. OPENING A. Call to Order Mayor Woodward called the meeting to order at 6:00 p.m. The pledge of Allegiance was led by Mayor Woodward. The invocation was given by Pastor Greg Quirke. City Clerk Shawna Freels announced that the agenda had been posted on January 20, 2016 at 12:15 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 Perry Woodward B. Orders of the Day Mayor Woodward announced that the study session on the Silicon Valley Clean Energy Authority would be moved following the consent calendar. C. Employee Introductions There were none. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations 1. Proclamation Naming January 31- February 5, 2016 as Catholic Schools Week Mayor Woodward presented the proclamation to Principal Pamela Greteman NEW BUSINESS A. Interviews and Appointment to One Open Seat on the City Council and Selection of Mayor Pro Tempore The City Council interviewed 8 candidates for the open seat on the City Council. Public comment was opened. Mildred B was called to speak sharing her support of the appointment of Daniene Marciano. Irma Silveira was called to speak sharing her support of the appointment of Daniene Marciano. Don Perino was called to speak sharing his thoughts on selecting the right candidate. Bob Sigala was called to speak suggesting the right candidate would be focused on bringing decent jobs and affordable housing to the community. Lori Hawk was called to speak sharing her support of the appointment of Dan Harney. City Council Meeting Minutes 1/25/2016 2 Bob Benevento was called to speak sharing his support of the appointment of Dan Harney. Susan Mister was called to speak sharing her support of the appointment of Joan Lewis. Ron Kirkish was called to speak sharing his support of the appointment of Paul Kloecker and expressing his concerns regarding allegations of the appointment being a "done deal ". Public comment was then closed. Motion on New Business Item A. Motion: to Appoint Daniel Harney to the City Council to a Term Ending in November, 2016 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Roland Velasco. Vote: Motion carried 6 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Second Motion on New Business Item A. Motion: to Select Peter Leroe Munoz as Mayor Pro Tempore Moved by Mayor 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 Perry Woodward; Council Member Harney City Clerk Freels administered the oath of Office to Council Member Harney. I. INTERVIEWS A. I nterviews for Open Seats on Boards, Commissions and Committees with Terms Expired 12131/2015 The Council held interviews with applicants for boards and commissions. 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 Bill O'Connor was called to speak explaining that he had attended most of the GPAC meetings and suggesting that more public input be included in the plan before it moved further into the process. Ron Kirkish was called to speak sharing his thoughts on an article on Morgan Hill's application to LAFCO. Bob Sigala was called to speak sharing concerns with sewer hookup problems he was having. Council Member Leroe- Muiioz spoke on the Cities Association priority setting session including affordable housing, transportation and senior housing. Council Member Aulman spoke on the Gilroy Gardens Board discussions of the $10,000 increase in the parks revenues for calendar year 2015. City Council Meeting Minutes 1/25/2016 Mayor Woodward spoke on the VTA discussions on the Envision Silicon Valley ballot measure for the fall to raise $4 -$6 billion for mobility improvements. V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR A. Minutes of the January 4, 2016 Regular Meeting B. Chamber of Commerce 2016 Annual Spice of Life Awardee Certificates C. ValleyCrest Landscape Maintenance Contract Amendments D. 7380 Dowdy Street Purchase Agreement with Lease Back Option E. Claim of Lois DuBridge (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) F. Claim of Jerry Rodriguez (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) G. Claim Rejection Sabrina Thomas (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) H. Acceptance of Donation of Police Vehicles from South County Chrysler Police Vehicles I. Acceptance of the Fiscal Year 2014 -2015 Development Impact Fee Report J. A Resolution of the City Council of the City of Gilroy Declaring Certain Weeds Growing in the City and Accumulations of Refuse in the City to be a Public Nuisance, Describing Weeds and Refuse Which Constitute Such Nuisance and Providing Notice of the Adoption of a Resolution by Publication Thereof K. Authorize Change in Full Time Employee in FY 15116 Budget From an Officer to a Corporal Motion on the Consent Calendar Motion: to approve Items A, B, C, D, E, F, G, H, I, J and K. Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. 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 Perry Woodward; Council Member Harney VII. BIDS AND PROPOSALS A. Services Agreement for Water Conservation Program Mayor Pro Tempore Leroe -Munoz anounced that he represented a client that had interest in the company which caused for a conflict of interest, and he would need to recuse from deliberations on the item. He then left the Council Chambers. The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.A. Motion: to Award a Contract in the Amount of $160,076.00 to Smart Utility Systems City Council Meeting Minutes 1/25/2016 M Moved by Council Member Cat Tucker, seconded by Council Member Terri Aulman. Vote: Motion carried 4- 1 -0 -2. Yes: Council Member Terri Aulman; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward No: Council Member Dion Bracco Recused: Council Member Peter Leroe- Munoz; Council Member Harney Council Member Leroe -Munoz returned to the dais. I. STUDY SESSION A. Study Session on Silicon Valley Clean Energy Authority The staff report was presented by Public Works Director Smelser. Public comment was opened. Bruce Karney was called to speak sharing his participation in the Mountain View environmental action plan development sharing his support for the approval of joining the JPA, explaining that joining would be the only way for Gilroy to achieve its Climate Action Plan goals. Ron Kirkish was called to speak sharing his concern with creating another bureaucracy that would be another level of control. Bob Sigala was called to speak stating that the Council should take its time in deciding to join the JPA, and do more research. Rebecca Armendariz was called to speak sharing her support of joining the JPA and the environmental benefits to the community. Public comment was then closed. VIII. PUBLIC HEARINGS There were none. IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Repealing Gilroy City Code Section 13.65 in Its Entirety; Amending Gilroy City Code Section 30.2.20 to Add New Definitions Pertaining to the Prohibition of Marijuana Cultivation, Processing, Delivery and Dispensary Uses; and Adding New Sections to Article XLV of Chapter 30 Pertaining to the Prohibition of Marijuana Cultivation, Processing, Delivery and Dispensary Uses in the City of Gilroy There were no public comments. Motion on Item IX.A. Motion: to Adopt Ordinance 2016 -01 of the City Council of the City of Gilroy Repealing Gilroy City Code Section 13.65 in Its Entirety; Amending Gilroy City Code Section 30.2.20 to Add New Definitions Pertaining to the Prohibition of Marijuana Cultivation, Processing, Delivery and Dispensary Uses; and Adding New Sections to Article XLV of Chapter 30 Pertaining to the Prohibition of Marijuana Cultivation, Processing, Delivery and Dispensary Uses in the City of Gilroy Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. City Council Meeting Minutes 1/25/2016 5 Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward; Council Member Harney B. Adoption of an Ordinance of the City Council of the City of Gilroy Adding a New Article 3, Sections 1.18 through 1.20 to the Gilroy City Code Entitled "Use of the City Seal" There were no public comments. Motion on Item IX.B. Motion: o Adopt an Ordinance 2016 -02 of the City Council of the City of Gilroy Adding a New Article 3, Sections 1.18 through 1.20 to the Gilroy City Code Entitled "Use of the City Seal" Moved by Council Member Peter Leroe- Munoz, 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 Perry Woodward; Council Member Harney C. Status Update on the Draft City Action Plan for Downtown Mayor Woodward announced that he was recusing from deliberations on the item due to property ownership in the downtown. He then left the Council Chambers. The staff report was presented by Development Center Manager Butler. Brian Dauenbauer of the Downtown Association was called to speak sharing his thoughts about impact fees on use changes, and thanking the city for the work on the development of the draft action plan. Linda West was called to speak sharing her support for the action plan for the downtown and asked who was responsible for continued work on the plan. She then spoke on facade standards. Ron Kirkish was called to speak stating that other cities had programs that shared parking fees and he then spoke on the HSR progress and ability to generate funds. Public comment was then closed. Motion on Item IX.C. Motion: to Accept the Status Update Moved by Council Member Terri Aulman, seconded by Council Member Cat Tucker. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council. Member Roland Velasco; Council Member Harney Recused: Mayor Perry Woodward Mayor Woodward returned to the dais D. Appointments to Open Seats on Boards, Commissions and Committees with Terms Expired 12/3112015 There were no public comments. Motion on Item IX.D. Motion: to Appoint Sally Armendariz to the Arts and Culture Commission, Moe McHenry to the Building Board of Appeals, Alex Herrera and Edith Edde to the City Council Meeting Minutes 1/25/2016 1 1 0 Historic Heritage Committee, Jan Bernstein Chargin to the Housing Advisory Committee, Sumana Reddy to the Library Commission, Terri Berry and Troy Trede to the Parks and Recreation Commission, Sean Reedy to the Bicycle Pedestrian Commission, and Rebeca Armendariz and Sue Rodriguez to the Planning Commission Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. 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 Perry Woodward; Council Member Harney X. INTRODUCTION OF NEW BUSINESS A. Prevailing Wage and Public Support for Private Developments The staff report was presented by Development Center Manager Butler There were no public comments. B. Acceptance of Fiscal Year 2014 -2015 Audited Financial Statements The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.A. Motion: to Accept the Fiscal Year 2014 -2015 Audited Financial Statements Moved by Council Member Terri Aulman, 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 Perry Woodward; Council Member Harney Absent: Council Member Roland Velasco C. A Resolution of the City Council of the City of Gilroy Rescinding in Their Entirety Resolution No. 2015 -63, Which Certified the Environmental Impact Report, State Clearinghouse Number 2014122071; and Resolution No. 2015 -64, Which Approved the North Gilroy Neighborhood District Urban Service Amendment Application USA 14 -01 The item was presented by Acting City Attorney Faber. Public comment was opened. Applicant Skip Spiering was called to speak explaining that they had rescinded their application to allow for more public education. Ron Kirkish was called to speak sharing his support for the proposal. Public comment was then closed. Motion on Item X.C. Motion: to Adopt Resolution 2016 -06 of the City Council of the City of Gilroy Rescinding in Their Entirety Resolution No. 2015 -63, Which Certified the Environmental Impact Report, State Clearinghouse Number 2014122071; and Resolution No. 2015 -64, Which Approved the North Gilroy Neighborhood District Urban Service Amendment Application USA 14 -01 and, for Inclusion of Assessor's Parcel Numbers 783 -18 -002, 783 -19 -002, 790 -05 -031, 790 -06 -027, 790- 10 -007, 783 -18 -003, 783 -19 -003, 790 -05 -033, 790 -06 -034, 790 -10 -008, 783 -18 -004, City Council Meeting Minutes 1/25/2016 V/ 783 -19 -004, 790 -05 -034, 790 -06 -036, 790 -10 -010, 783 -18 -005, 783 -19 -005, 790 -05- 035, 790 -06 -037, 790 -10 -011, 783 -18 -007, 783 -19 -006, 790 -05 -037, 790 -06 -038, 790- 11 -001, 783 -18 -008, 783 -19 -007, 790 -05 -038, 790 -06 -039, 790 -11 -002, 783 -18 -009, 783 -19 -008, 790 -06 -004, 790 -06 -040, 790 -11 -003, 783 -18 -010, 783 -19 -009, 790 -06- 008, 790 -06 -041, 790 -11 -004, 783 -18 -013, 783 -19 -010, 790 -06 -010, 790 -06 -042, 790- 11 -005, 783 -18 -015, 790 -04 -026, 790 -06 -011, 790 -06 -043, 790 -17 -001, 783 -18 -016, 790 -04 -027, 790 -06 -017, 790 -09 -006, 790 -17 -004, 783 -18 -017, 790 -05 -016, 790 -06- 018, 790 -09 -008, 790 -17 -005, 783 -18 -020, 790 -05 -020, 790 -06 -020, 790 -09 -009, 790- 17 -006, 783 -18 -022, 790 -05 -021, 790 -06 -021, 790 -09 -010, 790 -17 -007, 783 -18 -025, 790 -05 -022, 790 -06 -022, 790 -09 -011, 790 -17 -008, 783 -18 -026, 790 -05 -023, 790 -06- 023, 790 -10 -003, 790 -17 -009, 783 -18 -027, 790 -05 -024, 790 -06 -024, 790 -10 -004, 790- 17 -010, 783 -19- 001, 790 -05 -025, 790 -06 -025, AND 790 -10 -005, Generally Located South of Fitzgerald Avenue, West of Monterey Road, and East of Santa Teresa Boulevard, Into the City of Gilroy Urban Service Area, Filed by Martin Limited Partnership: Jeffery Martin, 10756 Green Valley Drive, Gilroy, CA 95020 Moved by Council Member Roland Velasco, 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 Perry Woodward; Council Member Harney XI. CITY ADMINISTRATOR'S REPORT There was none. XII. CITY ATTORNEY'S REPORT There was none. XIII. ADJOURNMENT TO THE SPECIAL MEETING OF JANUARY 28, 2016- The Council adjourned the meeting at 10:44 PM - ', SHAWNA FREELS, City Clerk 1 City Council Meeting Minutes 1/25/2016