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Minutes 2017/06/05City of Gilroy City Council Meeting Minutes June 5, 2017 Special Meeting A. Call to Order and Roll Call Mayor Velasco called the special meeting to order at 5:38 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. Interviews for Open Seats on the General Plan Advisory Committee The Council interviewed candidates. Regular Meeting I. OPENING A. Call to Order Mayor Velasco called the regular meeting to order at 6:03 p.m. The pledge of allegiance was led by Council Member Tucker. The Invocation was given by Bishop Rawlings of the Church of Jesus Christ of Latter Day Saints. City Clerk Shawna Freels announced that the agenda had been posted on May 31, 2017 at 6 p.m. and the revised agenda had been posted on June 1, 2017 at 5:30 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 There were none. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations The Mayor presented a proclamation naming June 1 -30, 2017 as Paint the Town Purple Days. III. PRESENTATIONS TO THE 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 Richard Perino was called to speak who shared details of the repairs of the Red Barn City Council Meeting Minutes 6/5/2017 2 and announced a fundraising event being planned on June 17tH Matt Huerta was called to speak and explained the advanced technology vehicle resources available through the Ways to Work Program. IV. REPORTS OF COUNCIL MEMBERS Council Member Kloecker reported on the Joint Water Committee meeting the previous week as a representative of Gilroy explaining that the formation of the Committee was taking place. He then announced that the SCRWA Board would be meeting to address the budget. Council Member Harney spoke on the VTA approval of the Measure B funding for street maintenance explaining that Gilroy would be receiving $1,081,000.00. Council Member Tovar spoke on the Farmers Market downtown and announced the YMCA Wellness Center opening the previous weekend. He then recognized Rebeca Armendariz for receiving the American Legion leadership award. Council Member Leroe -Munoz spoke on the upcoming Silicon Valley regional economic forum on June 15tH Mayor Velasco spoke on the ribbon cutting at the Farmers Market the previous week and reported on his meeting earlier in the day with Assemblymember Caballero's Chief of Staff regarding the 1 st street repairs. He spoke on funding being provided by Caltrans for 1" Street emergency road repairs and concluded by announcing the next Coffee and Conversation with the Mayor event the following Saturday with guest speaker Tammy Brownlow of the Economic Development Corporation. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR Motion on the Consent Calendar Motion: to Approve Consent Calendar Items B, C, E and F Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Fred Tovar. Vote: Motion carried 7 -0. Yes: 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. Opening of Youth Commission Recruitment Period C. Adoption of a Resolution of the City Council of the City of Gilroy Setting the 2017 Fireworks Mitigation Fee for 2017 Public Safety Fireworks Mitigation E. Approval of an Amendment to the Design Contract with HydroScience Engineers, Inc. for the First Street Water Line Design Project F. Extension of Contract with 4 Leaf, Inc. for Building Inspection Services A. Minutes of the May 15, 2017 Regular Meeting Council Member Leroe -Munoz recused from voting on the item explaining that he had not been in attendance at the meeting. Motion on Item VI.A. City Council Meeting Minutes 6/5/2017 1 Motion: Approval of the Minutes of the May 15, 2017 Regular Meeting Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 6- 0 -0 -1. 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 Abstain: Council Member Peter Leroe -Munoz D. Local Streets Pavement Maintenance Program Update The staff report was presented by Acting City Engineer Stubchaer. Motion on Item VI.D. Motion: to Approve the Local Streets Pavement Maintenance.Program Update 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 Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. Consideration of the Adoption of the City of Gilroy Operating Budget for Fiscal Years 2018 and 2019, Capital Improvement Plan for Fiscal Years 2018 Through 2022, Appropriation Limit for Fiscal Year 2018, and Approval of the South County Regional Wastewater Authority (SCRWA) Operating Budget for Fiscal Years 2018 and 2019, and Capital Improvement Budget for Fiscal Years 2018 Through 2022 The staff report was presented by Finance Director Forbis. The public hearing was opened; there being no comments, it was then closed. Motion on Item VIII.A. Motion: Adoption of Resolution 2017 -20 of the City Council of the City of Gilroy Adopting the Budget for Fiscal Years 2018 and 2019 and Appropriating Proposed Expenditures for the Purposes Set Forth in the Budget; and, Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Fred Tovar. Vote: Motion carried 7 -0. Yes: 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 Second Motion on Item VIII.A. Motion: Adoption of Resolution 2017 -21 of the City Council of the City of Gilroy Setting the Appropriation Limit for Fiscal Year 2018; and, 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 Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco Third Motion on Item VIII.A. City Council Meeting Minutes 6/5/2017 E Motion: Approval of the South County Regional Wastewater Authority (SCRWA) Operating Budget for Fiscal Years 2018 and 2019 and Capital Improvement Budget for Fiscal Years 2018 Through 2022; and, Moved by Council Member Cat Tucker, seconded by Council Member Fred Tovar. Vote: Motion carried 7 -0. Yes: 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 Fourth Motion on Item VIII.A. Motion: Approval of the Capital Improvement Plan for Fiscal Years 2018 Through 2022 Moved by Council Member Cat Tucker, seconded by Council Member Fred Tovar. Vote: Motion carried 7 -0. Yes: 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. Approval of the Fiscal Year 2017 -2018 Community Development Block Grant (CDBG) Annual Action Plan The staff report was presented by Community Development Director Abrams. The public hearing was opened; there being no comments, it was then closed. Motion on Item VIII.B. Motion: Approval of the Fiscal Year 2017 -2018 Annual Action Plan. 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 Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco IX. UNFINISHED BUSINESS A. Presentation of High Speed Rail Alternative Alignment Assessment and Economic Impacts The staff report was introduced by Interim Planning Manager Tolentino. Consultant Steve Norwalk from Placeworks presented the staff report Consultant Matt Cotta of BAE Urban Economics presented the economic impacts of the High Speed Rail alignment options. Ben Tripousis of the High Speed Rail Authority explained that the development of the project would be paid for by the Authority. He spoke on the multiple alternatives around and surrounding highway 101 describing the environmental clearance, impacts . and mitigation needs. Public comment was opened. Roland Lebrun was called to speak stating that the eastern alignment would be more conducive for the public due to the noise impacts. He then suggested that the City work collectively with the other affected cities to develop a better alignment option. Connie Rogers was called to speak explaining that the membership of Gilroy Growing Smarter supported the downtown viaduct aerial alignment as it would be the least City Council Meeting Minutes 6/5/2017 5 disruptive option, would preserve farmland and stimulate activity in the downtown. Janet Espinosa was called to speak describing her thoughts on reviving the downtown and protecting the surrounding farmland with the downtown viaduct alignment. Gary Walton spoke on behalf of the Downtown Association explaining that the Board did not support the downtown alignment and then detailed the suggestion of running the line adjacent to the freeway. He explained that the downtown businesses had a true stakeholder position as they were directly affected by the decision. Mark Turner was called to speak explaining that the Chamber Board felt strongly that there was not enough information in the report to take a position, describing the need for a study of the actual effects to the downtown business including a fiscal impact analysis of the business loss, and impacts on the downtown business attraction strategy. Pat Reinhart was called to speak suggesting that the eastern alignment be avoided as it would negatively impact the agricultural. She concluded by suggesting that the downtown viaduct was the better option. Bill O'Connor was called to speak noting the impacts on the community with the construction of the line and future development which would occur suggesting that the Council picture the community 5 years after it was built. Carolyn Tognetti was called to speak stating that the High Speed Rail was inevitable suggesting that the downtown viaduct alternative was the best option. She shared the consumer uptake if the alignment was downtown and the use by other downtown businesses, suggesting that the construction impacts be minimized. April Ouellette was called to speak explaining that her business would be directly impacted by the downtown alignment as it would cause her business to be displaced. She then detailed the inability to purchase another comparable property in the area and spoke in support of other alternatives, stating that crime would increase. Terence Fugazzi was called to speak sharing his concerns with locating the High Speed Rail in the downtown explaining that it would detract from the quaint downtown. He went on the describe the noise impacts to businesses and homeowners and the need for further study of options suggesting that other cities should be approached. Steve Ashford was called to speak explaining that the downtown businesses would be greatly impacted by the downtown alignment. He stated that the number of trains coming through town had not be disclosed nor were there any graphic depictions of the viaduct alignment. He concluded by stating that other options needed to be explored as there was no open discussion of other options. Abigail Ramsden of the Nature Conservancy was called to speak detailing her recommendation of the western viaduct alignment and went on to describe the natural and biological impacts with the eastern alignment. Public comment was then closed. Motion on Item IX.A. Motion: to Direct staff to work with High Speed Rail Authority to identify other potential alignment alternatives including a highway 101 alignment, and direct staff to send a letter to the HSR Authority requesting an extended environmental review comment period. Moved by Mayor Roland Velasco, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: 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 City Council Meeting Minutes 6/5/2017 G B. Appointment of General Plan Advisory Committee Members The staff report was presented by City Clerk Freels. Motion on Item IX.B. Motion: to continue the recruitment one week to the June 12, 2017 meeting for the appointment of 3 public members at- large, 3 alternate public members at- large and 1 affordable housing developer representative to the General Plan Advisory Committee. Moved by Council Member Cat Tucker, seconded by Council Member Fred Tovar. Vote: Motion carried 7 -0. Yes: 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 X. INTRODUCTION OF NEW BUSINESS A. Adoption of the City of Gilroy Strategic Plan - Implementation Action Plan (Fiscal Years 2017 through 2019) The staff report was presented by City Administrator Gonzalez. There were no public comments. Motion on Item X.A. Motion: Adoption of the Implementation Action Plan for FY 2017 through FY 2019. Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: 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. Approval of a 3% Merit Salary Increase for the City Clerk Mayor Velasco presented the item. There were no public comments. Motion on Item X.B. Motion: Approval of the City Clerk's salary increase to $114,437.26 annually. 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 Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco XI. CITY ADMINISTRATOR'S REPORTS There was none. XII. CITY ATTORNEY'S REPORTS There was none. XIII. CLOSED SESSION City Council Meeting Minutes 6/5/2017 1 A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION; Significant Exposure to Litigation Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (3) (a); 1 Case as Defendant; Camille McCormack v. City of Gilroy; City Council of the City of Gilroy; West Coast Arborists Inc., et. al; Case Filed 5/25/2017, Case Number 17CV310981 B. CONFERENCE WITH LABOR NEGOTIATOR COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Gilroy Management Association (GMA): Memorandum of Understanding Between City of Gilroy and the Gilroy Management Association (GMA); City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, Human Resources Director; Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions C. CONFERENCE WITH NEGOTIATOR - UNREPRESENTED EMPLOYEES; Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) (a); Employee Groups: Unrepresented Exempt/Confidential /Department Head /Part- Time/ Seasonal/Temporary Employees; City Negotiator: Gabriel Gonzalez, City Administrator; Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions D. PUBLIC EMPLOYEE APPOINTMENT /EMPLOYMENT; Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4); Title: Police Chief E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4) Name/Title Gabriel Gonzalez, 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 of the item in open session could prejudice the City's position in the case. Motion on Item XIII.A. Motion to Adjourn to Closed Session on Item XIII.A. Moved by Council Member Fred Tovar, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: 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 - ---------------- -- --------- - -- ----------- SHAWNA FREELS, MMC City Clerk City Council Meeting Minutes 6/5/2017