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Minutes 2014/06/16City of Gilroy City Council Meeting Minutes June 16, 2014 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:01 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 June 11, 2014 at 10:45 a.m. and the revised agenda had been posted on June 12, 2014 at 2:45 p.m. Roll Call Present: 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; Council Member Terri Aulman B. Orders of the Day There were no agenda changes. C. Introductions There were no new employee introductions. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations There were no ceremonial items. 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 on items not on the agenda. B. Annual Presentation by the Library Commission The report was presented by Commission Chair Kay Spencer. IV. REPORTS OF COUNCIL MEMBERS Council Member Leroe -Munoz spoke on the silicon leadership group work on a potential bond measure for transportation infrastructure explaining that the Cities Association had learned that the measure would be placed on the 2016 ballot. Mayor Pro Tempore Woodward explained that the VTA had decided not to place the transportation infrastructure measure on the 2014 ballot as described by Council Member Leroe- Munoz. City Council Meeting Minutes 6/16/2014 2 MAYOR'S REPORT Mayor Gage announced the current recruitment efforts to fill seats on the Arts and Culture Commission and Public Art Committee. He then spoke on the City Attorney recruitment subcommittee work in hiring a recruiter explaining that a firm had been hired and the selection of candidates would come back to the full Council in September. He then spoke on work with the URM Task Force stating that 12 -15 buildings were in some phase of remodel to come up to code, with a few who had not yet responded. He then spoke on a variety of SCRWA projects in process explaining that reclaimed water was being processed out to a variety of customers, stating that the plant would be doubling its tertiary treatment capacity. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of the June 2, 2014 Regular Meeting B. Amendment to the City Council 2014 Regular Meeting Schedule C. A Resolution 2014 -30 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 D. Claim of Carroll Monte (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) E. Property Improvement Agreement No: 14 -05, and Parcel Map Approval for the - United Natural Foods Incorporated (UNFI) Warehouse and Distribution Facility Located at 6350 Camino Arroyo APN: 841 -17- 111, 112, and 115 F. Contract in the Amount of $32,648.00 With Ted Farr for Emergency Medical Consultant Services G. Ordinance 2014 -08 of the City Council of the City of Gilroy Approving Application Z13 -06 to Change the Zoning Designation from M2 and M2 (PUD) to M2 (PUD) on an 108 -Acre Site Extending South From State Highway 152 on Both Sides of Cameron Boulevard, More Specially Identified by Assessor's Parcel Numbers 841 -17 -100, 841 -17 -101, 841 -17 -104 Through 112, 841 -17 -115 and 841 -84 -001 Through 009 H. Amendment to an Existing Agreement with CSG Consultants Inc. to Provide On Call Development Review Services Motion on the Consent Calendar Motion: to approve consent calendar items A, B, C, D, E, F, G, H Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 5 -0 -2. Yes: 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; Council Member Terri Aulman VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS City Council Meeting Minutes 6/16/2014 A. A Tentative Map Request to Subdivide a 34 -acre Parcel into 67 Single- family Residential Lots, One 14.3 acre Lot for Agricultural Production and Four Lots Totaling 6.5 Acres for Passive and Active Open Space and Recreational Use on a Property Located in the West Cluster of the Hecker Pass Specific Plan Area at the South Side of Highway 152 (Hecker Pass Highway) and East of Uvas Creek and Gilroy Gardens Family Theme Park, APN 810 -20 -015; Applicant Mark Majer, Representing Gilroy Investors, LP (TM 13 -09) An Associated Architectural and Site Request for the Design of the 67 Single - family Residential Homes and Landscaping of the Open Space Areas (AS 13- 27) Council Member Peter Arellano joined the meeting at 06:30 p.m. The staff report was presented by Planning Division Manager Martin. The public hearing was opened. Skip Spiering, representative for the applicant was called to speak stating that he had worked with staff and was happy to answer any questions. There being no additional comments, the public hearing was then closed. Motion on Item VIII.A. Motion: to Direct Staff to Prepare Resolutions Approving TM 13 -09 and A/S 13 -27 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman IX. UNFINISHED BUSINESS A. Modifications to Chapter 27 of the Gilroy City Code, Adding a New Article 6 Entitled 'Water Supply Shortage Regulations" The staff report was presented by Operations Manager Stubchaer. Rachael Gibson was called to speak sharing the SCVWD support of the ordinance. There were no public comments. Motion on Item IX.A. Motion: to Direct Staff to Prepare an Ordinance Amending Gilroy City Code Section 27 Implementing Certain Restrictions and Other Measures Related to Water Use Moved by Council Member Peter Arellano, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -1 -1. Yes: Council Member Peter Arellano; 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 Terri Aulman The Council took item X.A. out of order. City Council Meeting Minutes 6/16/2014 Id X. INTRODUCTION OF NEW BUSINESS A. Gilroy 2040 General Plan Vision Statement and Guiding Principles The staff report was presented by Senior Planner Ketchum. There were on public comments. Motion on Item X.A. Motion: to Approve Gilroy 2040 General Plan Vision Statement and Guiding Principles Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman IX. UNFINISHED BUSINESS B. Amendment to the Solid Waste Franchise Agreement with Recology South Valley and Rate Setting Methodology and Approval of a Solid Waste Disposal Agreement The staff report was presented by Tony Eulo of the City of Morgan Hill. Public comment was opened. Ron Kirkish was called to speak asking how the 400 ton impact was achieved Phil Couche of Recology South Valley spoke on the operation of the CNG fleets explaining that the waste industry was successful with their use. There were no further public comments. Motion on Item IX.B. Motion: to Adopt Resolution No. 2014 -31 of the City Council of the City of Gilroy Approving and Authorizing the City Administrator to Execute That Certain Solid Waste Disposal Agreement with Waste Solutions Group of San Benito, LLC for Solid Waste Disposal Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman Second Motion on Item IX.B. Motion: to Adopt Resolution No. 2014 -32 of the City Council of the City of Gilroy Approving and Authorizing the City Administrator to Execute the Third Amendment to the Franchise Agreement Between the City of Gilroy and South Valley Disposal and Recycling for Solid Waste Collection and Management Services Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; 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 6/16/2014 5 Absent: Council Member Terri Aulman Third Motion on Item IX.B. Motion: to Adopt Resolution No. 2014 -33 of the City Council of the City of Gilroy Approving Maximum Charges for Solid Waste Rates and Establishing a Process for Considering and Approving annual Index Rate Adjustments as Defined by Exhibit "J" of the Agreement Between the City of Gilroy and South Valley Disposal and Recycling for Solid Waste Collection and Management Services Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman X. INTRODUCTION OF NEW BUSINESS B. Community Transformation Grant Strategies to Improve Tobacco Use Prevention and Access to Healthy Foods and Beverages The staff report was presented by Senior Planner Ketchum. Public comment was opened. Ron Kirkish was called to speak sharing the need for the protection for kids. Erin O'Brien of Community Solutions spoke on the need for the support of an ordinance which would prohibit the sale of tobacco products to under age children, stating that it was a moral issue to put such sanctions in place. Michelle of the County Health Department was called to speak explaining that there was flexibility with the tobacco retailer legislation. Javier Aguirre of Community Transformation Grant spoke in support of the tobacco legislation and creation of a work plan explaining that the parks and playgrounds were areas of concern as well as schools, and further stated that the city should consider. Jaime Rosso was called to speak sharing his support of the CTG efforts for healthy habits and tobacco use prevention explaining that the work plan would support the reduction of tobacco sales to youth suggesting that prevention strategies could be achieved. Hewitt Joyner of Breath California was called to speak stating that youth tobacco use rates were dramatically reduced stating that he was working with the residents of Wheeler Manor were in support of smoke -free multi -unit housing efforts as were similarly in place in the city of San Jose. Shawn Weymonth of First 5 was called to speak stating that healthy food and beverage guidelines were adopted within partner agencies explaining that as a city, encouraging healthy foods and beverage guidelines as a city. Angie Azuri of the CTG leadership team was called to speak stating that she was working with businesses and government agencies to adopt guidelines for healthy eating and sharing her support of the development of the work plan. Public comment was then closed. Motion on Item X.B. Motion: to Approve Proposed Activities of the Recreation Department and Provide Direction to Staff to Prepare a Work Plan in Preparation for a Tobacco City Council Meeting Minutes 6/16/2014 I: Retailer License Ordinance with a City Attorney opinion on the legality of regulation and issue of preemption Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Arellano. Vote: Motion carried 5 -1 -1. Yes: Council Member Peter Arellano; 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 Terri Aulman C. Informational Report on Traffic Signal Timing on Santa Teresa Boulevard and Monterey Street The staff report was presented by Traffic Engineer Servin. There were no public comments. Motion on Item X.B. Motion: to receive the report. Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman D. Gilroy Library Public Art Mural Project Presentation The staff report was presented by Recreation Director DeLeon. There were no public comments. Motion on Item X.D. Motion: to Direct Staff to Issue a Request for Qualifications for a Muralist Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman E. Amendments to Gilroy City Code Section 17A.35 (b) Changing Open Government Commission Member Terms to Four (4) Years The staff report was presented by City Clerk Freels. There were no public comments. Motion on Item X.E. Motion: to Direct Staff to Prepare an Ordinance Amending City Code Section 17A.35 (b) Amending Open Government Commission Member Terms to Four (4) Years Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; 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 6/16/2014 Absent: Council Member Terri Aulman XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund announced that he would be on vacation June 18th through the following week and Human Resources Director McPhillips would be the Acting City Administrator in his absence. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d) (1) and Gilroy City Code Section 17A.11(c) (1): Name of Case: John Bowles v. Noel Lemus et al. (5 Gilroy Police Department Officers Court: U.S.D.C., Northern District of California, San Jose Division Case No. CV13 -04730 PSG Date Case Filed: October 10, 2013 The City Attorney explained that the City Council was entering into closed session as discussion of the matter in open session could jeopardize the city's position in the case. Motion on Closed Session Motion: to enter into closed session Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Peter Arellano; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Perry Woodward; Mayor Don Gage Absent: Council Member Terri Aulman Mayor Pro Terrrpore City Clerk City Council Meeting Minutes 6/16/2014 1 1 1