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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. City Council Meeting Minutes 2/22/2016 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 City Council Meeting Minutes 2/22/2016 3 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 City Council Meeting Minutes 2/22/2016 0 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 City Council Meeting Minutes 2/22/2016 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. City Council Meeting Minutes 2/22/2016 1 1 1 1 1 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; 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. City Council Meeting Minutes 2/22/2016