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Minutes 2014/03/17City of Gilroy City Council Meeting Minutes March 17, 2014 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 Tucker. The Invocation was given by Pastor Malcolm MacPhail of New Hope Community Church. City Clerk Shawna Freels announced that the agenda had been posted on March 12, 2014 at 11:45 a.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: Council Member Peter Arellano B. Orders of the Day There were no agenda changes. C. Introductions Community Development Director Abrams introduced Kelsey Hyde newly appointed Planning Technician. 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 There were no public comments. B. Presentation by Santa Clara County District Attorney Jeff Rosen The presentation was given by Mr. Rosen. Council Member Peter Arellano joined the meeting at 06:13 p.m. C. Presentation on Light Emitting Diode (LED) Lighting The presentation was introduced by City Engineer Smelser and further presented by Transportation Engineer Servin. City Council Meeting Minutes 3/17/2014 2 IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco reported that the gang task force golf tournament would be held May 9th. Council Member Leroe -Munoz spoke on the Cities Association endorsement of AB 1449. Council Member Aulman spoke on her recent ride along with the Police Department, and then announced the Gilroy Sister Cities Association fundraising dinner on April 26th at Old City Hall. Mayor Pro Tempore Woodward explained that the new General Manager of VTA had toured the city and had met with him and staff. He then explained that the City Attorney recruitment subcommittee had met and developed a work plan for the recruitment, and concluded by explaining that he had worked with the City Administrator to address recent concerns raised by the Eagle Ridge Home Owners Association. Mayor Gage explained that the EDC was focusing on the outcome of their annual retreat and went on to share the Downtown Business Association planning for all of their summer events. He then spoke on the Cal Ran ID committee and the move of finger printing services, and explained that the VTA Expressway meeting was up- coming. He concluded by explaining that the URM Task Force was meeting twice per month and had several buildings at 90% completion. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pro Tempore Woodward spoke on the public comment material provided in the Council's packet suggesting that the Council agendize an item to establish a page limit along with the Council's 3 minute public comment limit. The council agreed to agendize the item. Council Member Aulman spoke on concerns expressed by members of the public regarding the decision to hire an in house City Attorney explaining that members of the public had not been provided with enough information to provide their input on the decision. She then asked that the Council agendize updating the 2011 report on the costs for City Attorney services. A consensus was not met by Council to agendize the item. VI. CONSENT CALENDAR A. Minutes of the February 24, 2014 Regular Meeting B. Proclamation Naming March 10th -14th, 2014 as Science Fair Week C. Appointment of One Member to an Unexpired Seat on the Public Art Committee With a Term Ending 12/31/2017 D. Claim of Deborah Griffith (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) E. Transfer of $277.88 of Interest Income for FY 2012 -2013 From the Vase Endowment Trust Account to the Museum Trust and Agency Account Motion on the Consent Calendar Motion: to Approve Items A, B, C, D and E Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. City Council Meeting Minutes 3/17/2014 Yes: Council Member Peter Arellano; 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 VII. BIDS AND PROPOSALS A. Award a Bid to Premier Builders Inc. for the Paseo Improvements Project Located at 7453 Monterey Street in the Total Amount of $160,147.00 (Project No. 14 -PW -211) The staff report was presented by City Engineer /Public Works Director Smelser. There were no public comments. Mayor Pro Tempore Woodward announced that he would be recusing from voting on the item as he owned property within 500 feet of the subject site. Motion on Item VII.A. Motion: to Award Bid to Premier Builders Inc. in the Total Amount of $160,147.00 for the Paseo Improvements Project (Project No. 14 -PW -211) Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6- 0 -0 -1. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Abstain: Mayor Pro Tempore Perry Woodward B. Approval of 4 -Year Lease and Maintenance Agreements with Sharp Business Systems, Inc. for 46 Multifunction Printers in the Amount of $507,840.00 There were no public comments. Motion on Item VII.B. Motion: to Approve Lease and Maintenance Agreements with Sharp Business Systems, Inc. in the Amount of $507,840.00 for a 4 -year Term Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; 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 VIII. PUBLIC HEARINGS A. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Ordering the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code The staff report was presented by Fire Marshal Bretschneider. The public hearing was opened, there being no comments, the public hearing was then closed. Motion on Item VIII.A. Motion: Motion to Adopt Resolution 2014 -12 of the City Council of the City of Gilroy Ordering the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy City Code City Council Meeting Minutes 3/17/2014 4 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; 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 B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Chapter 30, Article 37 of the Gilroy City Code Entitled "Sign Regulations" to Modify Regulations for Handheld, Window, Portable, Off -site Residential Open House and Temporary Signs, and Flags, Balloons, and Streamers The staff report was presented by Community Development Director Abrams. The public hearing was opened. Motion on Item VIII.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading without including the Planning Commission recommendations, and direction to hire the needed part time staff. Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; 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 City Clerk Freels read the ordinance title. Second Motion on Item VIII.B. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending Various Provisions of Chapter 30 Article 37 of the Gilroy City Code Entitled "Sign Regulations ", without including the Planning Commission recommendations Moved by Council Member Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -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 No: Council Member Peter Arellano IX. UNFINISHED BUSINESS A. A Resolution of the City Council of the City of Gilroy Approving the Extension of 95 Residential Development Units (RDO's) Awarded Pursuant to the Residential Development Ordinance Performance Agreement For RD 92 -29 and Approving Revised Build -out Schedules for the Country Estates Phase IV Project Public comment was opened, there being none the comment period was then closed. Motion on Item IX.A. Motion: to Adopt Resolution 2014 -13 of the City Council of the City of Gilroy Approving the Extension of 95 Residential Development Units (RDO's) Awarded Pursuant to the Residential Development Ordinance Performance Agreement For RD 92 -29 and Approving Revised Build -out Schedules for the Country Estates Phase IV Project Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. City Council Meeting Minutes 3/17/2014 S Vote: Motion carried 4 -3. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Don Gage No: Council Member Dion Bracco; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward B. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Various Provisions of Chapter 17A of the Gilroy City Code Entitled "Public Meetings and Public Records " There were no public comments. Motion on Item IX.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; 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 City Clerk Freels read the ordinance title. Second Motion on Item IX.B. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending Various Provisions of Chapter 17A of the Gilroy City Code Entitled "Public Meetings and Public Records" Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; 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 X. INTRODUCTION OF NEW BUSINESS There was none. XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on water reduction efforts proposed by the Santa Clara Valley Water District. He then asked the Council to hold Monday, March 31, 2014 for a closed session beginning at 6 :00 p.m. to address labor negotiations for both the Police and Fire units. XII. CITY ATTORNEY'S REPORTS There were none. XIII. ADJOURNMENT The Council adjourned the meeting at 7:27 p.m. % �SHAWNA FREELS, MMC City Clerk City Council Meeting Minutes 3/17/2014