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Minutes 2014/05/19City of Gilroy City Council Meeting Minutes May 19, 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 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 May 14, 2014 at 2:30 p.m. Roll Call Present: 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. Orders of the Day There were no agenda changes. C. Introductions There were none. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented a Letter of Commendation to Eagle Scout Connor Burke - McConkie. Mayor Gage presented a Proclamation Naming the Month of May, 2014 as Older Americans Month Mayor Gage presented Letters of Congratulations Recognizing Ronald McDonald House Scholarship Awardees Brittney Souza and Rayshon Mills. 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 Jess Moreno was called to speak sharing his concerns with traffic on 10th street through the Monterey St. corridor asking the City Council to form a committee to assess the problem. Jason Tanko was called to speak sharing a handout with regards to the recently passed PG & E contract. Bob Sigala was called to speak sharing a handout of photos of signs in the city of Morgan Hill and speaking on needed for outreach with the recent sign ordinance adoption and asking the city to postpone enforcement of the ordinance for 90 days. City Council Meeting Minutes 5/19/2014 K Ian Macrae was called to speak sharing a handout and speaking on his business on Monterey street and his concerns with the newly adopted sign ordinance modifications explaining that he believed the city should work with the downtown merchants for a solution. Richard Trujillo was called to speak sharing statistics from the international sign association sharing the best practices in attracting new customers to businesses. Irene Peterson was called to speak sharing her concerns with the recently adopted sign ordinance regulations comparing the city of Morgan Hill to Gilroy. Joe Filice was called to speak sharing photos of signs and sharing his concerns with the newly adopted sign ordinance and suggesting that the council provide the merchants with guidelines to work with and questioning who had complained about the signs. Domingo Payne was called to speak sharing his concerns with the recently adopted sign ordinance explaining that his organization was in place to support the Latino community members who were primarily Spanish speaking explaining that the organization had not been sought out prior to the adoption of the ordinance Frank Hernandez was called to speak sharing his concerns with the recently adopted sign ordinance as a small business owner. He explained that the city should take a more proactive approach in working with the small business community to find a better solution to allow the community to thrive, asking the City Council to revisit the item to assist the business community. Barbara Rubio was called to speak asking the City Council to provide a 90 day extension of the sign ordinance to allow time for the city to work collaboratively with the small business community. Patti Tartaglio was called to speak stating that her new business on Monterey Street depended on A -frame signing explaining that she had come to Gilroy because the community seemed very pro- business and she then asked the Council to reconsider the decision. Ron Kirkish was called to speak sharing his thoughts on the sign ordinance amendments explaining that both sides of the issue had worthy concerns, and he believed they should work together for an attractive workable solution. Eric Howard was called to speak sharing his thoughts on the sign ordinance explaining that the city was not enforcing the existing ordinances and the people that followed the laws were at a disadvantage. He stated that adding city staff didn't make any sense, and the newly adopted ordinance shrank the tax base and he believed the Council was anti - business and needed to work on a better solution. Eleanor Villarreal was called to speak stating that signs were an important component in an election and were as important for small business, stating that the recently adopted ordinance was punitive stating that the City of Morgan Hill had the hand held and A frame signs and she believed were attractive. She concluded by speaking on orange buildings in the city of San Jose. Public comment was then closed. B. Annual Presentation by Gilroy Downtown Business Association The presentation was given by Melanie Corona and James Suner of the Downtown Business Association. IV. REPORTS OF COUNCIL MEMBERS City Council Meeting Minutes 5/19/2014 3 Council Member Leroe -Munoz spoke on the Gilroy Gang Task Force tee off for golf event thanking the community for their efforts. He then spoke on the recent request for emergency alert language translation services which were being supported by the members of the Santa Clara Cities Association. Council Member Aulman spoke on the SCRWA meeting stating that a large number of projects were coming before the Board. Mayor Pro Tempore Woodward spoke on a recent fire in the Christopher High area sharing the details of the efforts of City and CalFire firefighters. He then spoke on the 2014 volunteer reception held the previous week and concluded by stating that he had attended the 50 year anniversary celebration at the museum the previous weekend. Mayor Gage mentioned that the Economic Development Corporation had requested that a Downtown Association member be in attendance at all EDC board meetings, and then spoke on the SCRWA meeting stating that a large generator had been replaced as well as a new pump station and SCRWA would soon be going out to bid for additional capital improvement needs. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Cat Tucker asked that the item suggested by the Downtown Business Association related to studying parking and impact fees come back as a generalized discussion at a study session. The council agreed to agendize the item, Mayor Pro Tempore Woodward recusing due to property ownership in the downtown area. Council Member Tucker then suggested that the sign ordinance item be revisited as a generalized discussion at the study session on June 9, 2014. The majority of the Council agreed to agendize the item, Council Member Bracco, Mayor Pro Tempore Woodward and Mayor Gage not in support. VI. CONSENT CALENDAR A. Minutes of the April 28, 2014 Special City Council Meeting B. Minutes of the May 5, 2014 Regular City Council Meeting C. Acceptance of $25,000.00 Community Transformation Grant D. A Resolution No. 2014 -17 of the City Council of the City of Gilroy Calling a General Municipal Election for Municipal Office, Requesting Consolidation of Elections With the General Election to be Held November 4, 2014 and Requesting Services of the Registrar of Voters E. Claim of Carmen Ruiz (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) F. Claim of John Anthony Ruiz Children (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) G. A Resolution No. 2014 -18 of the City Council of the City of Gilroy Setting the Annual Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Chapter 10A H. Adoption of an Ordinance No. 2014 -07 of the City Council of the City of Gilroy Approving Zone Change Z 14 -01, a Planned Unit Development Zoning Amendment to Revise the Adopted Glen Loma Ranch Specific Plan, Filed by City Council Meeting Minutes 5/19/2014 4 the Glen Loma Corporation, 7888 Wren Avenue, Suite D -143, Gilroy, CA 95020 I. Approval of Notice of Notice of Acceptance of Completion for Public Improvements at Various Locations; Project No. 14 -PW -210 J. Approval of Notice of Acceptance of Completion for Pavement Maintenance Project FY 13, Project No. 13 -PW -204 K. Budget Amendment for the Reimbursement of Water Main Costs L. Extension of Public Works Contracts with Blair, Church, & Flynn Consulting Engineers, Dokken Engineering, Kimley Horn and Associates, Inc., Hexagon Transportation Consultants, Hatch Mott MacDonald, Consolidated CM Inc. and HMH Engineers, Inc. M. Budget Amendment to Transfer Funds for the Conceptual Design of Automall Parkway Signage N. Budget Amendment for Workers Compensation and Liability Insurance Motion on the Consent Calendar Motion: Approve Consent Calendar Items A, B, C, D, E, F, G, H, I, J, K, L, M, N Moved by Council Member Peter Leroe - Munoz, seconded by Council Member Cat Tucker. 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 VII. BIDS AND PROPOSALS A. Christmas Hill Park Copper Wire Theft Repairs Project No. 14 -PW -212 Contract Bid Award The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.A. Motion: to Award Contract in the Amount of $70,493.85 to St. Francis Electric for the Christmas Hill Park Copper Wire Theft Repair Project No. 14-PW -212 Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. 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 There were none. IX. UNFINISHED BUSINESS A. Appointments to the Planning Commission and Personnel Commission There were no public comments. Motion on Item IX.A. Motion: to Appoint Annie Tomasello to the Personnel Commission with a 12/31/17 Term Expiration and Susan Rodriguez to the Planning Commission with a City Council Meeting Minutes 5/19/2014 5 12/31/15 Term Expiration Moved by Council Member Peter Arellano, seconded by Council Member Cat Tucker. 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. A Resolution of the City Council of the City of Gilroy Approving Tentative Map TM 13 -08 Creating 369 Single- family Residential Lots, 9 Public Open Space Lots, 59 Private Open Space Lots and 11 Lots for Future Development for a Property Located Within the Glen Loma Ranch Specific Plan Area, Northeast of Santa Teresa Boulevard, West of Greenfield Drive and Southwest of Uvas Creek APNS 808-43 -001, 002, 003, and 005; 808 -18 -003, 014, 015, 016, 017, and 018; 808 -19 -016, 018, AND 019, Filed by the Glen Loma Corporation There were no public comments. Motion on Item IX.B. Motion: to Adopt a Resolution 2014 -19 of the City Council of the City of Gilroy Approving Tentative Map TM 13 -08, Creating 369 Single- family Residential Lots, 9 Public Open Space Lots, 59 Private Open Space Lots, 11 lots for Future Development for a Property Located Within the Glen Loma Ranch Specific Plan Area, Northeast of Santa Teresa Boulevard, West of Greenfield Drive and Southwest of Uvas Creek APNS 808 -43 -001, 002, 003, and 005; 808 -18 -003, 014, 015, 016, 017, and 018; 808 -19 -016, 018, AND 019, Filed by the Glen Loma Corporation 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 C. Selection of Preferred Intensity of Light Emitting Diode (LED) Streetlights The staff report was presented by City Transportation Engineer Servin. Public comment was opened. Jason Tanko was called to speak sharing his concerns with the adoption of the PG & E contract and stating that Tango Lighting had submitted a bid which staff had not acknowledged and was less than the PG &E bid. He shared his concerns with the way the turnkey project award was presented to the Council, stating that several other cities had accepted his quotes. He then asked the Council to reconsider the decision as it would be a large savings to the city. Public comment was then closed. Motion on Item IX.C. Motion: to follow staff recommendation of the Preferred Intensity of LED Street Lighting Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. 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 City Council Meeting Minutes 5/19/2014 z A. Consideration of Amending Gilroy City Code Chapter 27 by Adding a New Article 6 Entitled "Water Supply Shortage Regulations Drought Contingency Plan" to Implement Certain Restrictions and Additional Measures Related to Water Use During Declared Droughts The staff report was presented by Operations Manager Stubchaer and further described by Santa Clara Valley Water District staff. There were no public comments. Motion on Item X.A. Motion: to Direct Staff to prepare the ordinance and look at voluntary measures. Moved by Mayor Pro Tempore Perry Woodward, 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. Third Quarter 2013 -2014 Budget Review There were no public comments. The staff report was presented by Finance Director Turner. Motion on Item X.B. Motion: Approve Motion to receive the report. Moved by Council Member Peter Leroe - Munoz, seconded by Council Member Cat Tucker. 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 C. Treasury Update and Re- Adoption of City Investment Policy The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.0 Motion: to Re -Adopt the City Investment Policy Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. 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 D. Mid -Cycle Budget Review and Budget Amendments The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X. Motion: to Adopt a Resolution No. 2014 -20 of the City Council of the City of Gilroy Amending the Budget for the City for Fiscal Year 2014 -2015 and Appropriating Proposed Expenditure Amendments Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. City Council Meeting Minutes 5/19/2014 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 E. Solid Waste Franchise Collection Rates, Landfill Agreement and Collection Vehicle Specifications Anthony Eulo of the City of Morgan Hill presented the staff report. Public comment was then opened. Tim Flanagan of Monterey Regional Waste Management District was called to speak explaining that 7 peninsula cities and Monterey Co. were members. He suggested that the city consider partner with the district for disposal services, sharing revenue sharing options for recycling and diversion. Patrick Mathews, General Manager of Salinas Valley Solid Waste Authority was called to speak stating that the goal of the authority was to get out of the landfill business and suggested that getting into a 15 year agreement may not be in the city's best interests. He then shared a handout which detailed greenhouse gas reductions. Public comment was then closed. Motion on Item X. E. Motion: to Direct Staff to Delay Action on the Item Until to the June 2, 2014 Meeting and Follow Option 3 as Presented by Staff, Amending the Franchise Agreement with Recology South Valley and Entering into a Solid Waste Disposal Agreement with Waste Connections, Inc. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. 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 XI. CITY ADMINISTRATOR'S REPORTS There were none. XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandum of Understanding: MOU between the City of Gilroy and the Gilroy Firefighters Local 2805 B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers City Council Meeting Minutes 5/19/2014 F L 1 City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, City Human Resources Director Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: MOU Between the City of Gilroy and Gilroy Police Officers Association, Inc. The Council adjourned to closed session at 10:33 p.m. Motion on Closed Session Motion: to remain in closed session on items XIII. A and B 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 Council Meeting Minutes 5/19/2014