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.
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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
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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.
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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
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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
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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
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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
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