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Minutes 2013/07/01City of Gilroy City Council Meeting Minutes July 1, 2013 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:00 p.m. The pledge of allegiance was led by Council Member Leroe - Munoz. The invocation was given by Ruth Breton of the Bahai Faith Community. City Clerk Freels announced that the agenda had been posted on June 26, 2013 at 4:10 p.m Roll Call Present: Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Terri Aulman Absent/Excused: Council Member Peter Arellano M.D.; Mayor Pro Tempore Perry Woodward B. Orders of the Day There were no agenda changes. C. Introductions Community Development Director Abrams introduced newly hired Planning Manager Susan Martin. Council Member Peter Arellano M.D. joined the meeting at 6:04 p.m. Mayor Pro Tempore Perry Woodward joined the meeting at 6:05 p.m. 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 Tim Gavin spoke on an email he had sent to Council asking to give a short presentation regarding traffic issues on Welburn during an upcoming meeting. There were no further public comments. The Council agreed to agendize the presentation as requested by Tim Gavin. B. Gilroy Historical Society Presentation of 2013 Architectural Award for the City's 1918 Italian Renaissance Train Station Connie Rogers of the Historic Society presented the award to the City Council. City Council Meeting Minutes 7/1/2013 2 IV. REPORTS OF COUNCIL MEMBERS Council Member Aulman spoke on recent discussions with staff and the YMCA regarding opportunities for enhanced recreational offerings for residents of the City. Mayor Pro Tempore Woodward announced that the VTA Board had just recently approved the final environmental documents for the improvements south of Gilroy, which would expand the Highway 101 corridor to 6 lanes up to Highway129, and would affect the Santa Teresa connection to Highway 10.1 MAYOR'S REPORT Mayor Gage reported that the URM Task Force would be meeting the following week and then spoke on the Gilroy Sister Cities Association plans for the Garlic Festival. He concluded by explaining that the Downtown Association would be meeting the following day. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none VI. CONSENT CALENDAR Item B was pulled from the consent calendar. A. Minutes of the June 17, 2013 Regular City Council Meeting C. Appointments of Council Members to the Cities Association of Santa Clara County Board of Directors and South County Joint Planning Advisory Committee D. Claim of Vera Roper (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) E. Memorandum of Understanding with Santa Clara County for Local Law Enforcement Agency Access to the California Identification System Motion on Consent Calendar Items A. C. D, E Motion: to approve items A, C, D and E Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman B. Notice of Acceptance of Completion for Property Improvement Agreement No. 2011 -02 Civic Rancho Meadows, LLC Rancho Meadows IV Subdivision, Tract 10076 Motion on Item VI.B. Motion: to approve the Notice of Acceptance of Completion for Property Improvement Agreement No. 2011 -02 Civic Rancho Meadows, LLC Rancho Meadows IV Subdivision, Tract 10076 with the understanding that staff will return with a report to the Council regarding any discrepancy in what was approved by Council within the landscaping plans and what is actually planted. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 6 -1. City Council Meeting Minutes 7/1/2013 3 Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman No: Council Member Cat Tucker VII. BIDS AND PROPOSALS A. Selection of Independent Auditor to Conduct the City's Financial Audit The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item VII.A. Motion: to Award a Three (3) Year Agreement for the Performance of the City's Financial Audit for the Fiscal Year Ending June 30, 2013, and Two (2) Subsequent Fiscal Years, with an Option to Extend the Agreement in One -year Periods Thereafter to White Nelson Diehl Evans, LLP Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Arellano M.D. Vote: Motion carried 5 -2. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward No: Mayor Don Gage; Council Member Terri Aulman VIII. PUBLIC HEARINGS A. Architectural and Site Review Request to Construct Eight (8) Single- family Detached Homes on Properties Located at the Northeast Side of Mesa Road Between Mesa Road and Santa Teresa Boulevard, Across from Dawn Way, 5662, 5652, 5642, 5632, 5622, 5612, 5602 and 5592 Mesa Road, APN's 810 -62- 014 through 810 -62 -021 (AS 13 -11) The staff report was presented by Planner II Durkin. The public hearing was opened. Jeff of Anadmid of K. Hovnanian Homes spoke on the project stating that they wished to make the project work and spoke on the need for a landscape maintenance agreement prior to encroachment permitting was possible with the county. Scott Montgomery of K. Hovnanian Homes spoke on the variables and difficulty in achieving lush draught resistant landscaping stating that the goal was to have the landscaping installed when the homes were completed. He spoke on joining the city's CFD for continued maintenance and explained that they were happy to meet any time requirements and landscaping review requirements set by Council and had worked with other jurisdictions in similar situations. Tom Fischer stated that he was thankful to the applicant for holding the community outreach meeting as the concerns of the community were all addressed. Rich Robinson former developer of the development spoke on the process with the county stating that holding off had delayed the approved project, as it was a long journey as the project had been delayed due to the losses in the market. The public hearing was then closed. City Council Meeting Minutes 7/1/2013 1i Motion on Item VIII.A. Motion: to Adopt Resolution 2013 -29 of the City Council of the City of Gilroy Approving AS 13 -11, an Application for Architectural and Site Approval for the K. Hovnanian Homes /Aviana Residential Subdivision on Approximately 1.61 Acres Located at Mesa Road, West of Santa Teresa Boulevard, APN's 810 -62 -014 - 810- 62 -021 with the amendment to condition #6 adding language following the word "September 1, 2013" with the addition of "and subsequent to the City Council approval of those landscape plans" Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Zoning Ordinance Sections 1 -54, Repealing Ordinance 85 -15 in its Entirety, Adding a New Chapter 30 to the Gilroy City Code Entitled "Zoning" There were no public comments. Motion on Item VIII.B. Motion: to Continue the Item to the July 15, 2013 Regular Meeting Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman IX. UNFINISHED BUSINESS There were no items. X. INTRODUCTION OF NEW BUSINESS A. Authorization to Single Tennant Lessee Gilroy Gardens Family Theme Park, Inc. to Sublet the Use of Kitchen Facilities to Go Kids, Inc. The staff report was presented by City Administrator Haglund. There were no public comments. Motion on Item X.A. Motion: to Approve Subletting the Kitchen Facilities at Gilroy Gardens to Go Kids, Inc. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Arellano M.D.. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman 'P"40 B. Status Report on Homelessness in Gilroy The staff report was presented by Police Chief Turner. Public comment was opened. Jan Chargin of the Homeless Task Force spoke on the need to address the issue collectively with the state and other agencies and then shared her concerns with taking City Council Meeting Minutes 7/1/2013 5 a no- tolerance stance, stating that the issue was finding housing for the homeless. She continued by stating that an emergency solution needed to be found such as a safe parking program, or municipal campground explaining that the city needed to put funding into homeless housing. Robert Dolci of the county homeless program spoke on the consistency of the staff report with regards to ending homelessness. He then spoke on the need to collaborate with surrounding agencies sharing details of the creation of local rent subsidies with CDBG and other funding sources. He continued by sharing details of homeless help lines to lessen the burden on the police department. He then handed out the south county homeless census results. Sue Rodriguez asked questions regarding the staff report and spoke on the breakdown of the family and societal decay, stating that homelessness was a direct result. She then spoke on the responsibilities of the community stating that the city needed to think in a fiscally sound manner as there were limits to use of public funds. Ruben Ynzunza spoke on the lawlessness of the homeless population stating that the derelicts were the people who caused neighborhood problems. Robin Egbert stated that he was a production student and had gone under cover to report on the homeless and he believed they were basically good people. He spoke on being tough on drunkenness and then spoke on the ability to use shopping carts for physical therapy. He concluded by stating that volunteers could assist in finding solutions as a regional approach was best. Public comment was then closed. The Council gave direction to staff to move forward with the Initiatives identified within the staff report. C. Quality of Life Bond Measure Discussion Mayor Gage spoke on his request that the item be agendized sharing the variety of proposals presented within the measure. The staff report was presented by Finance Director Turner and Catherine Lew of the Lew Edwards Group. Public comment was opened. Sue Rodriguez suggested providing quality information to the public to clearly communicate the request within the survey. Public comment was then closed. Motion on Item X.C. Motion: to Receive the Report and Provide Direction to Staff to proceed with a survey to be completed by Catherine Lew's firm. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -1. Yes: Council Member Peter Arellano M.D.; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman No: Council Member Dion Bracco The Council adjournment to the Joint Meeting of the City Council, Board of Directors of the Industrial Development Authority and Board of Directors of the Successor Agency to the Community Development Agency City Council Meeting Minutes 7/1/2013 D Roll Call: Peter Arellano, Terri Aulman, Dion Bracco, Peter Leroe- Munoz, Cat Tucker, Perry Woodward and Don Gage. II. NEW BUSINESS A. A Resolution of the City Council of the City of Gilroy Approving Amendment to the Joint Exercise of Powers Agreement Establishing the Gilroy Public Facilities Financing Authority for the Purpose of Adding the Industrial Development Authority of the City of Gilroy as an Additional Member and Removing the Successor Agency to the Community Development Agency of the City of Gilroy as a Member The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item II.A. Motion: to Adopt Resolution 2013 -30 of the City Council of the City of Gilroy Approving Amendment to the Joint Exercise of Powers Agreement Establishing the Gilroy Public Facilities Financing Authority for the Purpose of Adding the Industrial Development Authority of the City of Gilroy as an Additional Member and Removing the Successor Agency to the Community Development Agency of the City of Gilroy as a Member Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman B. A Resolution of the Board of Directors of the Successor Agency to the Community Development Agency of the City of Gilroy Approving Amendment to the Joint Exercise of Powers Agreement Establishing the Gilroy Public Facilities Financing Authority for the Purpose of Adding the Industrial Development Authority of the City of Gilroy as an Additional Member and Removing the Successor Agency as a Member There were no public comments. Motion on Item II.B. Motion: to Adopt Resolution SA 2013 -01 of the Board of Directors of the Successor Agency to the Community Development Agency of the City of Gilroy Approving Amendment to the Joint Exercise of Powers Agreement Establishing the Gilroy Public Facilities Financing Authority for the Purpose of Adding the Industrial Development Authority of the City of Gilroy as an Additional Member and Removing the Successor Agency as a Member Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman C. A Resolution of the Board of Directors of the Industrial Development Authority of the City of Gilroy Approving Amendment to the Joint Exercise of Powers Agreement Establishing the Gilroy Public Facilities Financing Authority for the Purpose of Adding the Industrial Development Authority of the City of Gilroy as an Additional Member and Removing the Successor Agency to the Community Development Agency of the City of Gilroy as a Member City Council Meeting Minutes 7/1/2013 N There were no public comments. Motion on Item II.C. Motion: to Adopt Resolution IDA 2013 -01 of the Board of Directors of the Industrial Development Authority of the City of Gilroy Approving Amendment to the Joint Exercise of Powers Agreement Establishing the Gilroy Public Facilities Financing Authority for the Purpose of Adding the Industrial Development Authority of the City of Gilroy as an Additional Member and Removing the Successor Agency to the Community Development Agency of the City of Gilroy as a Member Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman Adjournment to the Meeting of the Governing Board of the Gilroy Public Facilities Financing Authority Roll Call: Peter Arellano, Terri Aulman, Dion Bracco, Peter Leroe- Munoz, Cat Tucker, Perry Woodward and Don Gage. I. NEW BUSINESS A. A Resolution of the Governing Board of the Gilroy Public Facilities Financing Authority Authorizing the Issuance and Sale of Refunding Lease Revenue Bonds in the Aggregate Principal Amount of Not to Exceed $25,000,000. to Refinance Outstanding 2010 Bond Anticipation Notes, and Approving Related Financing Documents and Official Actions There were no public comments. Motion on Item I.A. Motion: to Adopt a Resolution PFFA 2013 -01 of the Governing Board of the Gilroy Public Facilities Financing Authority Authorizing the Issuance and Sale of Refunding Lease Revenue Bonds in the Aggregate Principal Amount of Not to Exceed $25,000,000. to Refinance Outstanding 2010 Bond Anticipation Notes, and Approving Related Financing Documents and Official Actions Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman; Mayor Don Gage Adjournment to the Regular City Council Meeting D. A Resolution of the City Council of the City of Gilroy Approving the Issuance and Sale of Bonds by the Gilroy Public Facilities Financing Authority to Refinance Outstanding 2010 Bond Anticipation Notes, and Approving Related Financing Documents and Official Actions Motion on Item X.D. Motion: to Adopt Resolution 2013 -31 of the City Council of the City of Gilroy Approving the Issuance and Sale of Bonds by the Gilroy Public Facilities Financing Authority to Refinance Outstanding 2010 Bond Anticipation Notes, and Approving Related Financing Documents and Official Actions Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. City Council Meeting Minutes 7/1/2013 Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Council Member Terri Aulman XI. CITY ADMINISTRATOR'S REPORTS There was no report. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.8 (5) Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, Human Resources Director Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandum of Understanding: MOU between the City of Gilroy and the Firefighters Local 2805 There were no public comments. The Council adjourned to closed session at 10:00 p.m. Motion to continue in closed session The Council voted to remain in closed session on Item XIII.A by the following.,. vote: Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano M.D.; Council Member Terri Aulman; Council Member Dion Bracco; Mayor Don Gage; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward SHAWNA F 1-S, MMC City Clerk 7 City Council Meeting Minutes 7/1/2013