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Minutes 2016/07/051 City of Gilroy City Council Meeting Minutes July 5, 2016 I. OPENING A. Call to Order Mayor Woodard called the meeting to order at 6:00 p.m. The pledge of allegiance was led by Council Member Tucker. City Clerk Shawna Freels reported that the agenda had been posted on June 29, 2016 at 11:30 a.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Mayor Perry Woodward Absent/Excused: Council Member Roland Velasco B. Orders of the Day Mayor Woodward announced that agenda item VI.D. would be pulled from the consent calendar to be discussed separately as there was a change to the grant application amount. Council Member Roland Velasco joined the meeting at 06:01 p.m. C. Employee Introductions Community Development Director Abrams introduced newly hired Building Official Rob Allen. Recreation Director De Leon introduced newly hired Recreation Coordinator Heather Kyles. 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 Jaime Rosso was called to speak sharing a letter he had recently written to the Council regarding the sign ordinance describing his loss of business. Izaya Armenta & Victor Hvichapan were called to speak inviting the Council and the public to an event at San Ysidro Park on August 9th to discuss the safety of the park. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker spoke on the Golf Tournament in Morgan Hill. Council Member Aulman announced that the Gilroy Gardens Luminations exhibit would be opening to the public on July 16tH City Council Meeting Minutes 7/5/2016 V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Bracco asked the Council to consider review of the banner portion of the sign ordinance. The Council unanimously agreed to agendize the item at a future meeting. Mayor Woodward asked that the Council to consider addressing the use of drones in the city limits. The Council unanimously agreed to agendize the item. VI. CONSENT CALENDAR A. Minutes of the June 20, 2016 Regular Meeting B. A Resolution 2016 -35 of the City Council of the City of Gilroy to Release Specified Unclaimed Checks Less than $15 to the City of Gilroy C. A Resolution 2016 -36 of the City Council of the City of Gilroy to Release Specified Unclaimed Checks More than $15 to the City of Gilroy E. Claim of Brenda Gugino (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) F. Claim of Nancy Lopez (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) G. Claim of Ryan Nguyen (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, E, F and G 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; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward D. Edward Byrnes Justice Assistance Grant Application for FY 2016 -17 Motion on Item VI.D. Motion: to approve the Edward Byrnes Justice Assistance Grant Application for FY 2016 -17, with a change in the application amount. Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward VII. BIDS AND PROPOSALS A. Award of Tree Pruning & Maintenance Services Contract - 16- RFP -PW The staff report was presented by Operations Manager Stubchaer. There were no public comments. City Council Meeting Minutes 7/5/2016 Motion on Item VII.A. Motion: to Award the Agreement to West Coast Arborists in an Amount Not to Exceed $250,000.00 Per Year 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; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward VIII. PUBLIC HEARINGS A. Public Hearing for Adoption of the 2015 Urban Water Management Plan The staff report was presented by Operations Manager Stubchaer. The public hearing was opened; there being no comments, it was then closed. Motion on Item VIII.A. Motion: to Adopt the 2015 Urban Water Management Plan 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; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward B. An Ordinance Amending Gilroy City Code Sections Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 30 "Gilroy Zoning Ordinance" Sections 30.31.25 (b), 30.31.30 and 30.31.60 (e) Pertaining to Off - Street Parking Requirements and the Downtown "Office" Parking Category The staff report was presented by Planner I Negrete. The public hearing was opened; there being no public comments, it was then closed. Motion on Item VIII.B. Motion: to Read the Ordinance by Title Only 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 Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward City Clerk Freels read the ordinance title. Second Motion on Item VIII.B. Motion: to Introduce An Ordinance Amending Gilroy City Code Sections Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 30 "Gilroy Zoning Ordinance" Sections 30.31.25 (b), 30.31.30 and 30.31.60 (e) Pertaining to Off - Street Parking Requirements and the Downtown "Office" Parking Category 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; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward City Council Meeting Minutes 7/5/2016 4 C. An Application to Rezone a Property of Approximately 2.67 Acres Located Southwest of Santa Teresa Boulevard, South of the Ballybunion Drive /Santa Teresa Boulevard Intersection (APNs 810 -42 -001 and 810 -72 -036 from RH (Residential Hillside) to RH /PD (Residential Hillside /Planned Development) and Approval of a Tentative Map to Create Six Single - Family Residential Lots and Three Open Space Parcels; Application filed by Glen Loma Group, c/o Tim Filice (Z 15 -09 and TM 13 -03) The public hearing was opened, there being no comment, it was then closed. Motion on Item VIII.C. Motion: to Approve the Mitigated Negative Declaration Moved by Mayor Pro Tempore 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; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Second Motion on Item VIII.C. Motion: to Read the Ordinance by Title Only 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; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward City Clerk Freels read the ordinance title. Third Motion on Item VIII.C. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Approving Zone Change Z 15 -09 Establishing a Planned Development Zoning Overlay for the Kroeger Project APN's 810 -42 -001 and 810 -72 -036 Filed by Glen Loma Group Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Fourth Motion on Item VIII.C. Motion: to Adopt a Resolution 2016 -37 of the City Council of the City of Gilroy Approving Tentative Map TM 13 -03, Creating Six Single - Family Residential Lots, Three Open Space Parcels and One Private Street for a Property Located Southwest of Santa Teresa Boulevard, South of the Ballybunion Drive /Santa Teresa Boulevard Intersection APN's 810 -42 -001 and 810 -72 -036, Filed by Glen Loma Group 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; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward IX. UNFINISHED BUSINESS A. An Ordinance Amending Article 6 of Chapter 6 of the Gilroy City Code Entitled "Seismic Safety" Section 6.48 "Change of Occupancy" City Council Meeting Minutes 7/5/2016 S There were no public comments. X. INTRODUCTION OF NEW BUSINESS A. Memorandum of Understanding Between the City of Gilroy and Gilroy Firefighters IAFF, Local 2805 for the Period of July 1, 2016 - June 30, 2018 The staff report was presented by Human Resources Director McPhillips. There were no public comments. Motion on Item X.A. Motion: to Approve a Memorandum of Understanding Between the City of Gilroy and Gilroy Firefighters IAFF, Local 2805 for the Period of July 1, 2016 - June 30, 2018 Moved by Mayor Pro Tempore 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; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Second Motion on Item X.A. Motion: to Adopt Resolution 2016 -38 of the City Council of the City of Gilroy Establishing the July 1, 2016 and July 1, 2017 Salary Schedules for Personnel Represented by the Gilroy International Association of Firefighters (IAFF), Local 2805 Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward B. Presentation of the Gilroy Urban Growth Boundary Initiative Elections Code Section 9212 Impact Report The staff report was introduced by City Administrator Gonzalez. Public comment was opened. Ron Kirkish was called to speak describing the various problems with the initiative and negative impacts it would have on the community. Susan Mister was called to speak sharing her support of the initiative suggesting the Council consider the proposal. David Lima was called to speak sharing the benefits of the initiative and the positive impacts to the general fund, business and infrastructure improvements. Sandi Silva spoke in favor of the initiative and read information from the city 2040 general plan related to generating private sector investments in the downtown and 1 st street area. Carolyn Tognetti was called to speak sharing the increase in the traffic impact fee with the UGB and further spoke on the reduction of roadway improvement needs. Tammy Brownlow of the EDC was called to speak sharing the negative consequences with the adoption of the URB including the loss of local jobs. She spoke on the impacts of housing supply and demand, and the potential of increased selling prices. City Council Meeting Minutes 7/5/2016 Mark Turner was called to speak sharing the negative effects of the Urban Growth Boundary initiative including loss of jobs, decrease in local business sales and the stifling of business growth. He urged the City Council to not support the UBG initiative due to these impacts. Rebeca Armendariz was called to speak sharing the importance of the citizens making the decisions on smart growth. Public comment was then closed. Motion on Item X. B. Motion: to Adopt a Resolution 2016 -40 of the City Council of the City of Gilroy, California, Setting Priorities for Filing Written Arguments and Directing the City Attorney to Prepare an Impartial Analysis of a Certain Measure Entitled "Gilroy Urban Growth Boundary Initiative" with the change to the ballot language removing "be adopted" at the end of the ballot question. Moved by Mayor Pro Tempore 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; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Second Motion on Item X.B. Motion: to Adopt a Resolution 2016 -39 of the City Council of the City of Gilroy, California, Ordering the Submission to the Qualified Electors of the City of a Certain Measure Entitled "Gilroy Urban Growth Boundary Initiative" at the General Election to be held on Tuesday, November 8, 2016 as Called by Resolution No. 2016 -33 with the change to the ballot language removing "be adopted" at the end of the ballot question. Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward XI. CITY ADMINISTRATOR'S REPORTS There were none. XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Gilroy Police Officers Assoc., Inc. Representing Gilroy Police Officers City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, Labor Negotiations Counsel Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: MOU Between the City of Gilroy and Gilroy Police Officers Association, Inc. There were no public comments. The Council adjourned to closed session at 8:03 p.m. J ,. S ,AVVNA FREEW MM C-Ify Clerk City Council Meeting Minutes 7/5/2016 1 1 1