Minutes 2017/01/09I
City of Gilroy
City Council Meeting Minutes
January 9, 2017
Special Meeting 5:00 p.m.
Present: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney;
Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council
Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco
I. Interviews
The City Council interviewed applicants for open seats on Boards Commissions
and Committees.
Regular Meeting
I. OPENING
A. Call to Order
Mayor Velasco called the regular meeting to order at 6:14 p.m.
Council Member Tovar led the pledge of allegiance.
The invocation was given by Pastor Malcolm McPhail of New Hope Community
Church.
The agenda was posted on January 4, 2017 at 2:00 p.m.
Roll Call
Present: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney;
Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council
Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco
B. Orders of the Day
There were no agenda changes.
C. Employee Introductions
City Administrator Gabe Gonzalez introduced Interim Public Works Director Glenn
Roberts and Interim Police Chief Scot Smithee.
Interim Police Chief Smithee introduced newly promoted Police Corporal Bobby
Griffith and newly promoted Police Sergeant Paco Rodriguez.
Recreation Manager De Leon introduced Part Time Recreation Leader Tammy Gray.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
Mayor Velasco presented a proclamation recognizing service dog "Pharaoh" for his
service to the citizens of Gilroy.
III. PRESENTATIONS TO THE COUNCIL
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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 was called to speak thanking City staff for their tremendous efforts
during the recent storms.
Debra Rosas was called to speak and described parking issues on Alexander Street
asking that the Council consider issuing home owner parking permits in the
neighborhood.
Jill Vanni was called to speak describing her concerns with the recent traffic calming
measures on Welburn describing the frustration for drivers in the nearby country
estates neighborhood.
Chris Vanni was called to speak sharing his concerns with the traffic restrictions at
Mantelli and Welburn, suggesting that more public outreach and study be
conducted.
Armando Franco of CARAS was called to speak sharing his thoughts on potential
immigration reform and presented copies of letters provided to residents in the city of
Morgan Hill, asking the Council to consider a similar public outreach.
Kelly Barbazette was called to speak sharing her concerns with speeding traffic on
Welburn Avenue and shared her support for the recent traffic restrictions in the area.
Terence Fugazzi was called to speak describing his concerns with the recent traffic
calming restrictions on Welburn.
Joan Miller was called to speak on speeding on Welburn and described the need for
traffic calming measurers for public safety.
Marla Forsgren was called to speak in support of the traffic calming measurers on
Welburn for public safety, and thanked the City Council for making the
neighborhood safe.
Keith Miller was called to speak describing the 4 year process of working with
the city to address the safety concerns with speeding traffic on Welburn
Mike Mister was called to speak and asked the community to thank all public safety
officers for the service they provided to protect the public.
Sally Armendariz was called to speak and shared her support for the traffic calming
measures on Welburn and she then spoke on the need to enforce the truck traffic on
Murray Avenue. She then suggested that more cross walks be added in the Murray
and Las Animas Ave area as there was a largely increased amount of vehicle traffic
due to several new offices going into the area.
Erica Trinchero was called to speak describing difficulties she and her family were
experiencing in traversing Welburn Avenue with the newly installed traffic calming
measures.
Renee Lee was called to speak describing speeding in the Rancho Hills Drive area
and asked for direction on the process of working with the City on traffic calming.
Anthony Fletcher was called to speak asking that the safety of residents be
considered first, and he then thanked the Council for their efforts on improving safety
on Welburn.
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IV. REPORTS OF COUNCIL MEMBERS
Council Member Harney spoke on the Silicon Valley Clean Energy Authority
explaining that the Authority was addressing local state legislators with an overview
of carbon free energy options. He then complimented City staff for their efforts and
work in the Emergency Operations center during the recent storm.
Council Member Tovar thank downtown business group on their Friday night event,
sharing his hopes for future success of the Friday night event in the downtown
Council Member Leroe -Munoz spoke on two upcoming ribbon cuttings of new
businesses, and then described the community event at the Gilroy Center for the
Arts.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Leroe -Munoz suggested that Council agendize an item on the
development of district elections in the City to fully represent all geographic areas of
the city.
The City Council agreed to agendize the item.
VI. CONSENT CALENDAR
A. Minutes of the December 19, 2016 Regular Meeting
B. Claim of Orlando Aceves
C. Claim of Roohi Eskandarian
D. Claim of Willie Wiley
E. Approval of First Amendment to Agreement for Services Between City of
Gilroy and Gilroy Golf Course, Inc.
Motion on the Consent Calendar
Motion: to approve Items A, B, C, D, and E
Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Peter
Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Mayor Pro Tempore Peter Leroe-
Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
Roland Velasco
F. Fiscal Year 2016 -2017 Budget Amendment in the Amount of $23,750 for the
Financial Contribution to Gilroy Downtown Business Association
Public comment was opened.
Joey Weitz was called to speak asking the Council to require more accountability of
the Downtown Business Association suggesting that more details of where their
monies were spent should be required as the Association was failing to properly
enhance and support downtown businesses.
Harvey Blodget of the Downtown Business Association was called to speak asking
the Council to consider continuing to financially support the group, sharing event
successes throughout the year. He explained that the Board meetings were open
and public and then described the functions of the Association Administrator.
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Melanie Corona of the Downtown Business Association described her duties as the
Administrator of the Association and shared the functions of the Board.
Ron Kirkish was called to speak and stated that the requested funds were minimal as
the functions of the Downtown Association were very beneficial to the downtown
businesses and the City.
Jose Montes was called to speak and thanked the City for the continued funding of
the Downtown Association sharing the donations made by the Association to further
support the efforts of the downtown. He then described the work of the Association.
Joe Lovecchio was called to speak and shared his thoughts on the funding for the
Association asking that the community be allowed to be more involved as he had be
excluded from participation.
Public comment was then closed.
Motion on Consent Calendar Item F
Motion: Approval of a Fiscal Year 2016 -2017 Budget Amendment in the Amount
of $23,750 for the Financial Contribution to Gilroy Downtown Business
Association
Moved by Council Member Cat Tucker, seconded by Council Member Daniel
Harney.
Vote: Motion carried 6 -1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Mayor Pro Tempore Peter Leroe-
Munoz; Council Member Cat Tucker; Mayor Roland Velasco
No: Council Member Fred Tovar
VII. BIDS AND PROPOSALS
A. Award Street Repair Equipment Bids and Approve Budget Transfers in
Water, Sewer Enterprise Funds
The staff report was given by Fleet Manager Salazar.
There were no public comments.
Motion on Item VII.A.
Motion: Approve Award bid to Nixon -Elgi Equipment for the purchase of one P-
B, Model B -4 Patch truck in an amount not to exceed $223,710 under NJPA
Contract #113012; and
Moved by Council Member Cat Tucker, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Council Member Fred Tovar; Council
Member Cat Tucker; Mayor Roland Velasco; Council Member Peter Leroe-
Munoz
VIII. PUBLIC HEARINGS
A. Allocation of 60 Residential Development Ordinance Interim Exemption
units (RDO HE 16 -01) and a zone change request (Z 16 -06) to amend an
approved planned development removing the transitional housing
restriction for the Sobrato Apartment Project Located at 9369 Monterey
Road, Applicant Eden Housing
The staff report given by Planner li Durkin.
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The public hearing was opened.
Applicant Elizabeth Kuwada was called to speak sharing the project goals.
Art Barron was called to speak sharing his support of the permanent service model
and needs in the community.
Yvonne Salinas was called to speak and described the tremendous benefits the
housing had provided to her family and asked that the Council support the proposal.
Gloria Carreon was called to speak in support of the proposal.
Anna Neibel was called to speak and described the need as she and her family had
been living in their vehicle prior to becoming residents at Sobrato. She then asked
the Council to consider the permanent housing.
Ron Kirkish was called to speak describing how the permanence of the housing was
a proven success in other communities in the nation and asked the Council to .
Anna Guryn Simpson was called to speak and described the need for permanent
housing and then gave additional background of similar supportive housing models
in other communities.
Sally Armendariz was called to speak and asked how others would be housed if the
transitional housing became permanent, as there were many others in need.
Maria Ramirez was called to speak and described the need for the permanent
housing model as it provided housing for families with children who were living on
the streets and would become homeless again after 2 years.
Consuelo Hernandez shared the services provided at the property through the
County and Eden Housing and ability to update the city on the progress of the
housing residents to meet target goals.
The public hearing was then closed.
Motion on Item VIII.A.
Motion: Adoption of Resolution 2017 -01 of the City Council of the City of Gilroy
approving RDO HE 16 -01, an application to award 60 residential development
ordinance interim exemption units to the Sobrato Apartment project located at
9369 Monterey Road, APN 790 -07 -027 with the suggested information
requested from Eden Housing
Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion
Bracco.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Council Member Fred Tovar; Council
Member Cat Tucker; Mayor Roland Velasco; Council Member Peter Leroe-
Munoz
Second Motion on Item VIII.A.
Motion: to read the ordinance by title only and waive further reading
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member
Daniel Harney.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Council Member Fred Tovar; Council
Member Cat Tucker; Mayor Roland Velasco; Council Member Peter Leroe-
Munoz
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The ordinance was read by title only.
Third Motion on Item VIII.A.
Motion: to introduce an ordinance of the City Council of the City of Gilroy
approving zone change Z 16 -06 amending the Sobrato Apartment project
planned development by replacing the transitional housing restriction,
including a length -of- tenancy limit with permanent supporting housing for 45
apartment units located at 9369 Monterey Road, Application filed by Eden
Housing, c/o Elizabeth Kuwada, with further direction to staff to return to the
next meeting with additional information related to the request.
Moved by Council Member Fred Tovar, seconded by Council Member Peter
Leroe - Munoz.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Council Member Fred Tovar; Council
Member Cat Tucker; Mayor Roland Velasco; Council Member Peter Leroe-
Munoz
IX. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City of Gilroy Repealing
Ordinance No. 98 -17 Entitled "Floodplain Management Ordinance" in Its
Entirety and Creating a New Chapter 27E of the Gilroy City Code Entitled
"City of Gilroy Floodplain Management Ordinance" (introduced 11/21/16
with a 6 -0 -1 vote, Council Member Bracco absent)
The staff report was presented by City Administrator Gonzalez.
There were no public comments.
Motion on Item IX.A.
Motion: Adoption of Ordinance 2017 -01 of the City Council of the City of Gilroy
Repealing Ordinance No. 98 -17 Entitled "Floodplain Management Ordinance" in
Its Entirety and Creating a New Chapter 27E of the Gilroy City Code Entitled
"City of Gilroy Floodplain Management Ordinance ".
Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion
Bracco.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney;
Council Member Paul Kloecker; Council Member Fred Tovar; Council Member
Cat Tucker; Mayor Roland Velasco; Council Member Peter Leroe -Munoz
X. INTRODUCTION OF NEW BUSINESS
A. Community Development Block Grant and Housing Trust Fund proposed
priority expenditures for Fiscal Years 2017 -2018 and 2018 -2019
Staff report by Grants Coordinator Murillo.
Public comment was opened.
Alyssa Kroeger was called to speak on behalf of Project Sentinel thanking the City
Council for providing funding for CDBG monies to assist Gilroy community members.
Reymundo Armendariz of CARAS was called to speak sharing the needs of
undocumented residents of Gilroy asking the Council to consider funding the
programs for undocumented citizens.
Public comment was then closed.
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Motion on Item X.A.
Motion: approval of funding priorities and direction to staff on priority
expenditures A and B as identified in the staff report
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney;
Council Member Paul Kloecker; Council Member Fred Tovar; Council Member
Cat Tucker; Mayor Roland Velasco; Council Member Peter Leroe -Munoz
B. City of Gilroy Police Department - Communications, Records and
Investigations Staffing Study
The staff report was presented by Captain Deras and consultants Julia Novak and
Jonathan Ingram.
The Council received the report.
XI. CITY ADMINISTRATOR'S REPORTS
There was no report.
XII. CITY ATTORNEY'S REPORTS
There was no report.
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: AMG & Associates, Inc. v. City of Gilroy et al. Court:
Santa Clara County Superior Case No.: 16CV297559 Date Case Filed: July 13,
2016
B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT
Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11
(4) Collective Bargaining Unit: AFSCME Memorandum of Understanding: MOU
Between City of Gilroy and AFSCME Local 101 Representing Employees Affiliated
with AFSCME, Local 101 City Negotiators: Gabriel Gonzalez, City Administrator;
LeeAnn McPhillips, Human Resources Director; Charles Sakai, Labor Negotiations
Counsel
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8 and City Code Section 17A.8 (a) (2) Property:
3050 Hecker Pass Highway, APN's 783 -05 -011; 783 -05 -012; 783-05- 013;810 -17-
014;015; 021; 024; 025; 026; 029; 810 -18 -002; 010; 011;801 -19 - 005;007; 010; 011;
014 (Gilroy Gardens) Negotiators: Gabriel Gonzalez, City Administrator. Other Party
to Negotiations: Greg Edgar; Bryson Heezen, Great Wolf Resorts; Cecily Barclay,
Attorney. Negotiating Price and Terms
There were no public comments.
City Attorney Faber explained that the Council was adjourning to closed session on
Item A as discussion in open session could prejudice the City's position in the case.
Motion to Adjourn t Closed Session
Motion: to adjourn to closed session
Moved by Council Member Daniel Harney, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Council Member Fred Tovar; Council
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Member Cat Tucker; Mayor Roland Velasco; Council Member Peter Leroe-
Munoz
The Council adjourned to closed session at 10:08 pm.
City Clerk
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