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Minutes 2013/10/21City of Gilroy City Council Meetinq Minutes October 21, 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 Bracco. The invocation was given by Pastor Greg Quirk of South Valley Community Church. City Clerk Shawna Freels announced that the agenda had been posted on October 16, 2013 at 12:15 p.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent/Excused: Council Member Peter Arellano M.D. B. Orders of the Day Mayor Gage explained that Council Member Arellano was delayed on his way back from a work related conference in Southern California and may not make the meeting. C. Introductions Police Captain Svardal introduced newly hired Police Records Technician Kelly Davis. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented a proclamation recognizing World Polio Day October 24, 2013. 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 Please There were no public comments. B. Presentation by California Assembly Member Luis A. Alejo Mayor Gage announced that Assembly Member Alejo had rescheduled his presentation to the December 2nd meeting as he was ill. C. Housing Advisory Committee Annual Presentation to Council The presentation was given by Chairperson Jan Chargin. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker reported that the Santa Clara County Habitat Plan Board was working on more housekeeping related items and she then spoke on the analytics she had previously provided by the Welcome Center. City Council Meeting Minutes 10/21/13 E Council Member Leroe -Munoz explained that the Interoperability Authority was hiring a Manager and then announced that the Santa Clara County Cities Association had been addressing AB109. He then spoke on the recent community garden dinner. Council Member Aulman spoke on the new Gilroy Gardens webpage and shared the holiday hours and the volunteer opportunities for high school seniors and recent docent dinner. She went on to speak about the senior cafe at the Gilroy senior center and other health and recreational opportunities. Mayor Pro Tempore Woodward explained that he had been appointed by the City of Morgan Hill to serve south county on the VTA Board. MAYOR'S REPORT Mayor Gage spoke on the Downtown Association Board plans for the downtown banner program and spoke on a upcoming Sister Cities Association visit of students from Takko Machi, Japan and concluded by explaining that the VTA Policy Advisory Committee would be meeting at the end of the month. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Aulman suggested that the Council be provided an opportunity to review of the downtown specific plan. VI. CONSENT CALENDAR A. Minutes of the October 7, 2013 Regular Meeting B. Claim of Robert Trout (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) C. Notice of Acceptance of Completion of the Church Street Pavement Maintenance Project; Project No. 13 -PW -205 D. Approval of Agreement With SunGard Public Sector (PS) in the Amount of $49,162.00 to Upgrade the City's SunGard CommunityPLUS and FinancePLUS Applications E. Re- Appointment of Mayor Pro Tempore Woodward to the Valley Transportation Authority (VTA) Board of Directors Motion to Approve the Consent Calendar Motion: to approve Consent Calendar Items A, B, C, D, E, F Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano M.D. VII. BIDS AND PROPOSALS A. Bid Award in the Amount of $133,262.00 for the Public Improvements at Various Locations Project - Project No. 13 -PW -210 The staff report was presented by Senior Engineer Mack who explained that the project number was 14 -PW -210. There were no public comments. City Council Meeting Minutes 10/21/13 3 Motion on Item VII.A. Motion: to Award Bid to JJR Construction, Inc. for the Public Improvements at Various Locations Project; Project No. 14-PW -210 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe - Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano M.D. VIII. PUBLIC HEARINGS A. A Tentative Map Request to Create 186 Single- family Residential Lots, One 8- acre Park with Detention Basin, Three Uvas Creek Parcels and Three Agricultural Production Parcels on Approximately 112 Acres Located in the East Cluster of the Hecker Pass Specific Plan Area, South of Hecker Pass Highway (Hwy 152) and West of the Third Street and Santa Teresa Boulevard Intersection; Assessor's Parcel Numbers 810 -21 -001, 810 -21 -003 and 810 -21- 007; (TM 13 -02) Mayor Pro Tempore Woodward recused himself from deliberations on the item and left the Council Chambers. The staff report was presented by Planning Division Manager Martin. Council Member Aulman explained that she lived in the Village Green development next to the project site, but was outside of the 500' radius. Council Member Leroe -Munoz stated that he had spoken with the developer. The public hearing for the Tentative Map and Architectural and Site Approval was opened. Nick DiJulio spoke on the traffic control issues he believed would exist with the project, asking if the outcome of a traffic study would trump the safety concerns the property owners in the Village Green area had expressed. He spoke on the issues related to older drivers in the neighboring and concerns with public safety vehicle traffic. Skip Spiering spoke on behalf of the developer explaining that the concerns voiced at the meeting were very valid and he agreed that conditions be added to address the need for traffic calming and use of the LED lighting standards within the development. He then spoke on the trees on the property and round - abouts planned within the development. The public hearing was then closed. Motion.on Item VIII.A. Motion: to Direct Staff to Prepare a Resolution Approving TM 13 -02 with the additional condition 66 and with the LED lighting condition, and to return to Council with a traffic study. Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5- 0 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Council Member Peter Arellano M.D. Abstain: Mayor Pro Tempore Perry Woodward City Council Meeting Minutes 10/21/13 4 A. An Architectural and Site Request for a Planned Unit Development of the 186 - lot Residential Subdivision Located in the East Cluster of the Hecker Pass Specific Plan Area, South of Hecker Pass Highway (Hwy 152) and West of the Third Street and Santa Teresa Boulevard Intersection; Assessor's Parcel Numbers 810 -21 -001, 810 -21 -003 and 810- 21- 007(AS 13 -06); Meritage Homes, Applicant Second Motion on Item VIII.A. Motion: to Direct Staff to Prepare a Resolution Approving AS 13 -06 with additional condition 66 and the LED lighting condition and to return with a traffic study Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe Munoz. Vote: Motion carried 5- 0 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Council Member Peter Arellano M.D. Abstain: Mayor Pro Tempore Perry Woodward IX. UNFINISHED BUSINESS A. Consultant Presentation of Quality of Life Bond Measure Survey The item was introduced by City Administrator Haglund. Consultant Katherine Lew presented the staff report. Public comment was opened. Ron Kirkish spoke on the demographics of the survey results. John Dailey spoke on the survey stating that he had been surveyed and believed it didn't explain how a bond would be financed, stating that the city could estimate the amount of sales tax revenue and could then prioritize the planned improvements. Public comment was then closed. Motion on Item IX.A. Motion: to Provide Direction to Staff to proceed with the recommended timeline of activities. Moved by Mayor Pro Tempore Perry Woodward, seconded by Mayor Don Gage. Vote: Motion carried 5 -1 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe - Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco Absent: Council Member Peter Arellano M.D. X. INTRODUCTION OF NEW BUSINESS A. Review of Residential Development Ordinance (RDO) Recommendations for Next RDO Competition Cycle The staff report was presented by Planner Bischoff. There were no public comments. B. Memorandum of Understanding Between the City of Gilroy and the Gilroy Firefighters, International Association of Firefighters, Local 2805 for the Period of July 1, 2013 Through June 30, 2014 The staff report was presented by Human Resources Director McPhillips. City Council Meeting Minutes 10/21/13 5 There were no public comments. Motion on Item X.B. Motion: to approve a Memorandum of Understanding Between the City of Gilroy and the Gilroy Firefighters, International Association of Firefighters, Local 2805 for the Period of July 1, 2013 Through June 30, 2014 Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -1 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco Absent: Council Member Peter Arellano M.D. Second Motion on Item X.B. Motion: to Adopt Resolution 2013 -39 of the City Council of the City of Gilroy Approving the July 1, 2013 Salary Schedule for Personnel Represented by the Gilroy Firefighters IAFF, Local 2805 Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -1 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco Absent: Council Member Peter Arellano M.D. XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on a planned joint meeting with the Gilroy Unified School District meeting date. He then stated that the Goal Setting dates of February 28th and March 1 St, 2014 was confirmed and spoke on conducting a citizen's summit on December 4t', asking the Council to invite 5 -7 members of the public for their input on the process. He then asked the Council for availability for a study session. XII. CITY ATTORNEY'S REPORTS City Attorney Callon explained that the Governor had signed a bill regarding charter cities use of prevailing wage and she would follow with a memo to Council. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION One (1) Case Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11(c) (1): Name of Case: Glen Loma Corporation, Arcadia Development Corporation, Ronan Avenue Investors, LLC v. City of Gilroy, et al. Court: Superior Court of California, County of Santa Clara Case No. 112CV226294 Date Case Filed: June 11, 2012 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957, and Gilroy City Code Section 17A.8 (4) Name/Title: Linda Callon, City Attorney City Attorney Callon explained that the Council was being asked to enter into closed session on the item as discussion in open session could harm the city's position. Motion to Adjourn to Closed Session on Item VIII.A. Motion: to assert the Attorney - client Privilege and adjourn to closed session. City Council Meeting Minutes 10/21/13 1 1 [i Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano M.D. The Council Adjourned to closed session at 8: 27 p.m. Motion to Continue in Closed Session The Council voted to remain in closed session by the following vote: Vote: Motion carried 6 -0 -1 Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage; Mayor Pro Tempore Perry Woodward Absent: Council Member Peter Arellano M.D /7 L SHAWNA FREELS, MM City Clerk City Council Meeting Minutes 10/21/13