Minutes 2016/02/221
City of Gilroy
City Council Meeting Minutes
February 22, 2016
A. Call to Order
Mayor Woodward called the meeting to order at 6:00 p.m.
The pledge of alliance was led by Council Member Bracco.
The Invocation was given by Pastor Bill Hawkins of New Hope Community Church.
City Clerk Shawna Freels announced that the agenda had been posted on February 17,
2016 at 9:30 a.m.
Roll Call
Present: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Council Member Roland Velasco; Mayor Perry Woodward
B. Orders of the Day
There were no agenda changes.
C. Employee Introductions
Public Works Director Smelser introduced newly promoted Maintenance Worker I Edgar
Munoz.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
There were none.
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
Ron Kirkish addressed the Council sharing his thoughts on an initiative measure that
had been presented to the city stating that it would negatively affect the City.
STUDY SESSION
A. Draft Alternative Land Use and Circulation Scenarios for the High Speed Rail
Downtown Station Area Plan
Mayor Woodward recused himself from deliberations on the item due to property
ownership within the downtown. He then left the Council chambers.
The item was presented by Consultant Bruce Brubaker.
Public comment was opened.
Denise Zavala was called to speak and suggested that the Council give the public more
time to participate in the process.
Public comment was then closed.
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The Council provided staff with direction to consider when further evaluating the
alternatives.
Mayor Woodward then returned to the meeting.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco congratulated the Gilroy High wrestling team for winning the
championship.
Council Member Velasco announced that the annual fund raising dinner and auction for
the Sister Cities Association would be held on April 2nd at 6:00 p.m.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Woodward suggested that an item be placed on the March 7th agenda to direct
staff to prepare the report necessary to understand the legal, funding, and other impacts
of the recently filed notice of intent to circulate an initiative, as provided for under the
elections code.
The Council agreed to agendize the item.
VI. CONSENT CALENDAR
A. Minutes of the February 1, 2016 Regular Meeting
B. Claire of Jesus Morales
C. Claim of Alfonso Orosco
D. Claim on Chiquita Walker
E. Appointment of New Member to the Public Art Committee
Motion on the Consent Calendar
Motion: Approve Consent Items A, B, C, D and E.
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 Daniel Harney; Council Member Peter Leroe - Munoz; Council Member Cat
Tucker; Council Member Roland Velasco; Mayor Perry Woodward
VII. BIDS AND PROPOSALS
A. Approval of Agreement with Pierce Manufacturing, Inc. for the Purchase of a
New Fire Engine and Equipment
The staff report was presented by Division Chief Martin.
There were no public comments.
Motion on Item VII.A.
Motion: to Approve a Contract with Pierce Manufacturing Inc. Not to Exceed
$774,193.00 for the Purchase of a New Fire Engine and Associated Equipment
Moved by Council Member Terri Aulman, seconded by Council Member Cat
Tucker
Vote: Motion carried 7 -0.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Council Member Roland Velasco; Mayor Perry Woodward
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VIII. PUBLIC HEARINGS
A. An Ordinance of the City Council of the City of Gilroy Amending Gilroy City
Code, Chapter 30, Section 30.19.10 (c) (2) Entitled "Downtown Use Table" and
Adding Section 30.50.35 Entitled "Downtown Use Permits"
Mayor Woodward recused himself from deliberations on the item explaining that he
owner property within the downtown area. He then left the dais.
The staff report was presented by Interim Development Center Manager O'Strander.
The public hearing was opened.
Ron Kirkish spoke on the need for bus parking in the downtown as local business
owners were working to attract larger tour bus groups.
The public hearing was then closed.
Motion on Item VIII.A.
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Council Member Cat Tucker, seconded by Council Member Dion
.Bracco
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Council Member Roland Velasco
Recused: Mayor Perry Woodward
City Clerk Freels read the ordinance title.
Second Motion on Item VIII.A.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Amending Gilroy City Code, Chapter 30, Section 30.19.10 (c) (2) Entitled
"Downtown Use Table" and Adding Section 30.50.35 Entitled "Downtown Use
Permits" with the inclusion of the typo change to the use table
Moved by Council Member Cat Tucker, seconded by Council Member Dion
Bracco
Vote: Motion carried 6-0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Council Member Roland Velasco
Recused: Mayor Perry Woodward
Mayor Woodward then returned to the dais.
B. An Ordinance of the City Council of the City of Gilroy Amending Gilroy City
Code Chapter 30, Sections 30.50.40 and 30.50.41 Related to Architectural and
Site Permits and Minor Modifications
The staff report was presented by Interim Development Center Manager O'Strander.
The public hearing was opened; there being no comments it was then closed.
Motion on Item VIII.B
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Council Member Dion Bracco, seconded by Council Member Peter
Leroe -Munoz
Vote: Motion carried 7 -0.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Council Member Roland Velasco; Mayor Perry Woodward
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City Clerk Freels read the ordinance title.
Second Motion on Item VIII.B
Motion: to Introduce An Ordinance of the City Council of the City of Gilroy
Amending Gilroy City Code Chapter 30, Sections 30.50.40 and 30.50.41 Related to
Architectural and Site Permits and Minor Modifications
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 Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Council Member Roland Velasco; Mayor Perry Woodward
IX. UNFINISHED BUSINESS
A. Formation and Membership in Silicon Valley Clean Energy Authority
The staff report was presented by Public Works Director Smelser.
Public comment was opened.
Rod Sinks was called to speak sharing his support of the City joining the JPA detailing
the benefits to the community and environment.
Cherie Walkowiak was called to speak sharing her support for the JPA for
environmental reasons.
Bruce Kamey was called to speak sharing his support for the program and describing
the benefits throughout the region.
John Scarboro was called to speak of Carbon Free Mountain View shared his support of
the effort describing the benefits to the use of green energy.
Ron Kirkish was called to speak sharing his concerns with the program explaining that
the JPA fees within the franchise could go up and the consumer may not be protected.
Public comment was then closed.
The Council took a recess at 8:52 p.m.
The Council reconvened the meeting at 8:58 p.m.
Motion on Item IX.A.
Motion: rehear the matter at the next Council meeting.
Moved by Council Member Peter Leroe - Munoz, seconded by Council Member
Roland Velasco
Vote: Motion carried 5 -2.
Yes: Council Member Terri Aulman; Council Member Daniel Harney; Council
Member Peter Leroe- Munoz; Council Member Roland Velasco; Mayor Perry
Woodward
No: Council Member Dion Bracco; Council Member Cat Tucker
X. INTRODUCTION OF NEW BUSINESS
A. Status Update on Gilroy's Homelessness 15 -Point Plan
The staff report was presented by Police Chief Turner.
Public comment was opened.
Jan Berstein Chargin of the Compassion Center was called to speak suggested the city
look into faster, more progressive ways to house the homeless, suggesting that the
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topic be further discussed during the Council Strategic Planning Session. She spoke on
the Federal initiative to de- criminalize homelessness explaining that 70% of the
homeless stops were because they were just homeless.
Denise Zavala was called to speak sharing the details of her family's homelessness and
the need to fix the homeless issue as a whole.
Ron Kirkish was called to speak sharing his thoughts on homelessness and need to
address the impacts on the community.
John Taft was called to speak sharing his work with the Compassion Center and the
larger problem of homelessness. He went on to describe the need to focus on the big
issue, speaking on the development of the "tiny home" program with the support
services needed including medical, job placement services.
Public comment was then closed.
B. Approval of Memorandum of Understanding with Gilroy Unified School District
for a School Resource Officer in Fiscal Year 2016/2017
The staff report was presented by Police Chief Turner.
There were no public comments.
Motion on Item X.B.
Motion: to Approve a Memorandum of Understanding with Gilroy Unified School
District for a School Resource Officer in Fiscal Year 2016/2017
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 Daniel Harney; Council Member Peter Leroe - Munoz; Council Member Cat
Tucker; Council Member Roland Velasco; Mayor Perry Woodward
C. An Ordinance of the City Council of the City of Gilroy Amending Chapter 12B
of the Gilroy City Code, Entitled "Junk and Secondhand Dealers" Regulating
Metal Recycling
The staff report was presented by Interim Development Center Manager O'Strander.
Public comment was opened; there being no comments it was then closed.
Motion on Item X.C.
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Council Member Dion Bracco, seconded by Council Member Peter
Leroe -Munoz
Vote: Motion carried 7 -0.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Council Member Roland Velasco; Mayor Perry Woodward
City Clerk Freels read the ordinance title.
Second Motion on Item X.C.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Amending Chapter 12B of the Gilroy City Code, Entitled "Junk and Secondhand
Dealers" Regulating Metal Recycling
Moved by Council Member Peter Leroe - Munoz, seconded by Council Member Cat
Tucker
Vote: Motion carried 7 -0.
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Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Council Member Roland Velasco; Mayor Perry Woodward
XI. CITY ADMINISTRATOR'S REPORT
There was none.
XII. CITY ATTORNEY'S REPORT
There was none.
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: DFEH No. 638212 - 177640
Court/Administrative Body: California Department of Fair Employment and Housing
Case No.: 638212 - 177640
Date Case Filed: 10/20/2015
B. PUBLIC EMPLOYEE APPOINTMENT /EMPLOYMENT
Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8
(a) (4)
Name/Title: Interim Finance Director
C. PUBLIC EMPLOYEE APPOINTMENT /EMPLOYMENT
Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8
(a) (4)
Name/Title: City Administrator
There were no public comments.
Assistant City Attorney Houston explained that the Council was entering into closed
session on Item A as discussion in open session would likely prejudice the City's
position in the case.
Motion to Adiourn to Closed Session.
Motion: to Adjourn to Closed Session
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 Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat
Tucker; Council Member Roland Velasco; Mayor Perry Woodward
The Council adjourned to
SHAWNA FREELS,
City Clerk
!d session at 9:59 p.m.
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