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Minutes 2016/03/07I City of Gilroy City Council Meeting Minutes March 7, 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 Pro Tempore Leroe- Munoz. The Invocation was given by Reverend Brocato. City Clerk Shawna Freels announced that the Agenda had been posted on March 2, 2016 at 11 :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 There were none. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Woodward presented a proclamation naming the Month of March, 2016 as "Arts Education Month ". Mayor Woodward presented a proclamation Naming the Week of March 14, 2016 "Science Fair Week" 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 There were none. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker shared information from the Welcome Center and proposal to update the TBID process. She then spoke on the approved way finding signs asking when they would be installed. She concluded her comments by sharing the TOT upswing because of increase hotel occupancy rates. Council Member Aulman shared a report from the SCRWA meeting explaining that the solar RFP for the system at the facility. V. FUTURE COUNCIL INITIATED AGENDA ITEMS City Council Meeting Minutes 3/7/2016 1 J 1 VI. CONSENT CALENDAR A. Minutes of the February 22, 2016 Regular Meeting B. Adoption of Ordinance 2016 -03 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 C. Adoption of Ordinance 2016 -04 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 D. Confirmation of the Appointment of an Interim Finance Director E. Claim of Monica Fernandez (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) F. Claim of Irma Garcia (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) Motion on the Consent Calendar Motion to Approve Consent Calendar Items A, B, C, D, E and F. Moved by Council Member Dion Bracco, 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 There were none. VIII. PUBLIC HEARINGS IX. UNFINISHED BUSINESS A. Adoption 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 Woodard recused himself from deliberations explaining that he owned property in the downtown. He then left the dais. There were no public comments. Motion on Item IX.A. Motion to Adopt 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" Moved by Council Member Cat Tucker, seconded by Council Member Terri Aulman. 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 B. Formation and Membership in Silicon Valley Clean Energy Authority The report was presented by Interim City Administrator Tewes City Council Meeting Minutes 3/7/2016 3 Public comment was opened; there being none it was then closed. Motion on Item IX.B . Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 5 -2. Yes: Council Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward No: Council Member Terri Aulman; Council Member Dion Bracco City Clerk Freels read the ordinance title. Second Motion on Item IX.B . Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Authorizing the Implementation of a Community Choice Aggregation (CCA) Program Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 5 -2. Yes: Council Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward No: Council Member Terri Aulman; Council Member Dion Bracco Third Motion on Item IX.B . Motion: to Adopt Resolution 2016 -11 of the City Council of the City of Gilroy Approving the Joint Powers Agreement Establishing the Silicon Valley Clean Energy Authority Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Cat Tucker Vote: Motion carried 5 -2. Yes: Council Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward No: Council Member Terri Aulman; Council Member Dion Bracco Fourth Motion on Item IX.B . Motion: to Approve a Budget Amendment in the Amount of $150,000.00 to Remit to Silicon Valley Clean Energy and Appoint Harney as Member to Serve as Director and Leroe Munoz as Alternate to the Authority's Board of Directors Moved by Mayor Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 5 -2. Yes: Council Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward No: Council Member Terri Aulman; Council Member Dion Bracco X. INTRODUCTION OF NEW BUSINESS A. Appointment of Gabriel Gonzalez as City Administrator The report was presented by Mayor Woodard. There were no public comments. Motion on Item X.A . Motion: to Appoint Gabriel Gonzalez as City Administrator and Approve Employment Agreement Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Dion Bracco. City Council Meeting Minutes 3/7/2016 1 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 B. Report on the Outcome of the Community Arts Forum Acting City Administrator Tewes presented the report. Public comment was opened. Sharon Albert, Mattie Scariot and Donna Pray shared additional details of the priorities requested by the Arts Stakeholders. Public comment was then closed. C. Direction to Staff to Prepare a Report on the Impacts of the Recently Submitted Citizen Initiative as Provided for Under California Elections Code Section 9212 The staff report was presented by City Administrator Tewes. Public comment was opened. Connie Rogers was called to speak on behalf of Gilroy Growing sharing the impetus of the compact growth measure having come from the guiding principles and outcomes from public input at the General Plan workshops. She explained that the industrial needs, schools and parks were all incorporated into the initiative proposal. Ron Kirkish was called to speak explaining that there could be unintended circumstances with the initiative as it would circumvent the city planners and LAFCO which he believed would be too much to risk. Public comment was then closed. Motion on Item X.0 . Motion: to Direct Staff to Prepare a Report on the Impacts of Citizen Initiative Authorizing Enter into a Consultant Contract up to a Cost of $75,000. Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Dion Bracco. 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 X. INTRODUCTION OF NEW BUSINESS There was none. 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) City Council Meeting Minutes 3/7/2016 LOCAL AGENCY FORMATION COMMISSION OF SANTA CLARA COUNTY, a state - mandated independent local agency v. CITY OF GILROY, a charter city; CITY COUNCIL OF THE CITY OF GILROY, a governmental body; and DOES 1 -20, inclusive, MARTIN LIMITED PARTNERSHIP, a limited partnership, JEFFREY MARTIN, an individual, RANCHO 101 GILROY LLC, a limited liability corporation, NORTHERN CALIFORNIA LAND AND ENTITLEMENT CONSULTANTS, INC., a corporation, WANMAEI PROPERTIES, INC., a corporation, and CHESTER H. (SKIP) SPIERING, an individual and ROES 21 -40 inclusive, Real Parties in Interest. Court: Superior Court of Santa Clara County, Case No. 16CV290062 Date Filed: January 13, 2016 (Activated at 01:23:46) B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Existing Litigation Pursuant to California Government Code Section 54956.9 (d) (1) and Gilroy City Code Section 17A.11 (3)(a) KEN KERLEY AND DANIEL FIORIO v. THE CITY OF GILROY, THE CITY COUNCIL OF THE CITY OF GILROY, and DOES 1 -25, MARTIN LIMITED PARTNERSHIP C/O JEFFREY MARTIN, WREN INVESTORS LLC, and MARK HEWELL, and DOES 26 -50, inclusive, Real Parties in Interest Court: Superior Court of Santa Clara County, Case No. 16CV290062 Date Filed: January 12, 2016 (Activated at 01:23:56) The City Attorney announced that the Council was adjourning to closed session as addressing the litigation in open session would likely predjudice the city's position in the cases. There were no public comments. Motion on Item X.A . Motion: to Adjourn to Closed Session Moved by Council Member Dion Bracco, 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 The Council adjourned to closed session at 7:25 p.m. SHAWNA FREEL"MC City Clerk City Council Meeting Minutes 3/7/2016 1