Minutes 2014/07/01City of Gilroy
City Council Meeting Minutes
July 1, 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 Aulman.
The Invocation was given by Pastor Greg Quirke of South Valley Community Church.
City Clerk Shawna Freels reported that the agenda had been posted on June 25, 2014
at 2:30 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; City Administrator Haglund; City Attorney
Callon
Absent/Excused: Council Member Peter Arellano M.D.
B. Orders of the Day
There were no agenda changes.
C. Introductions
Police Chief Turner introduced two newly hired employees in the Police Department
Ryan Pike, and Tom Larkin.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Gage recognized Recreation Department Employee Julian Mireles, as a recipient
of a student scholarship award from the California Park & Recreation Society
Mayor Gage presented a check and recognized Recreation Department Employee
James Walling, as a recipient of a Bay Area Public Pool Operators Association
scholarship award
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. Annual Presentation by the Bicycle Pedestrian Commission
The presentation was given by Chair Marandos.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Tucker wished everyone a happy 4th of July.
MAYOR'S REPORT
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Mayor Gage read comments received from members of the public regarding the
downtown. He then shared compliment letters received by the Fire Department and
building division, and then read a letter from a former member of the community.
Council Member Peter Arellano M.D. joined the meeting at 06:22 p.m.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR
A. Minutes of the June 16, 2014 Regular Meeting and June 9, 2014 Special
Meeting
B. Opening of the Recruitment Period for One (1) Seat on the Street Naming
Committee and Two (2) Seats on the Housing Advisory Committee
C. Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program for the City of Gilroy West Llagas Creek (Lions
Creek/Ronan Channel) Trails Project, Finding That on the Basis of the Full
Record There is no Substantial Evidence that the Project as Mitigated Will
Have a Significant Effect on the Environment, and That the Mitigated Negative
Declaration Reflects the Independent Judgment and Analysis of the City
D. Tree Pruning and Maintenance Services Contract Amendment With Existing
Contractor West Coast Arborists, Inc.
Motion on Consent Calendar Items A. B. C. D
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Terri Aulman.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano MD; 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 of Design Contract Amendment With NV5, Inc. in an Amount Not to
Exceed $41,576.00 for the Eigleberry Waterline Design, Project No. 15 -PW -215
The staff report was presented by Operations Manager Stubchaer.
Public comment was opened.
Mark Derris was called to speak asking about the costs associated with the work and
then spoke on the various steps in the replacement project.
Public comment was then closed.
Motion on Item VII.A.
Motion: to Award a Design Contract to NV5, Inc. in an Amount Not to Exceed
$41,576.00
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat
Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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. Award of Design Contract to Nova Partners, Inc. for the Demolition of the Old
Youth Center Unreinforced Masonry Building, Project No. 15 -PW -218
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The staff report was presented by Operations Manager Stubchaer.
Public comment was opened.
Mark Derris spoke on the ability to restore the building suggesting that it would be the
more green policy decision as he believed the building was salvageable and didn't think
the City Council was receiving good information on the ability to rehabilitate the
structure.
Public comment was then closed.
Motion on Item VII.B.
Motion: to Award the Design Contract to Nova Partners, Inc. in an Amount Not to
Exceed $152,584.00
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano MD; 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 Consider the Placement of Liens for Non - payment of
Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy
The staff report was presented by Finance Director Turner.
The public hearing was opened.
Francisca Bess was called to speak asking if she could make payment on the garbage
bill within the week to avoid having the property leined.
Gary Walton was called to speak stating that it was a burden on the property owner to
pay the outstanding bill explaining that he was not responsible for any other bills of his
tenants. He then suggested that the city attach the garbage bill to the city issued water
and sewer bill.
The public hearing was then closed.
Motion on Item VIII.A.
Motion: to Adopt Resolution 2014 -34 of the City Council of the City of Gilroy
Imposing Special Assessment Liens for the Costs of Delinquent Garbage,
Rubbish and Refuse Collection Services for Certain Properties Located in Gilroy,
California
Moved by Council Member Terri Aulman, seconded by Mayor Pro Tempore Perry
Woodward.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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
IX. UNFINISHED BUSINESS
A. Introduction of an Ordinance of the City Council of the City of Gilroy
Amending Gilroy City Code Sections 17A.35 (b) Changing Open Government
Commission Member Terms to Four (4) Years and Modifying Section 17A.8
"Agenda Disclosures"
The staff report was presented by City Clerk Freels.
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There were no public comments.
Motion on Item IX.A.
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Cat Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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.A.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Amending Gilroy City Code Section 17A.35 (b) Changing Open Government
Commission Member Terms to Four (4) Years and Modifying Section 17A.8
"Agenda Disclosures"
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe - Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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 -09 Creating 67 Single - Family Residential Lots, 6.5 Acres of Passive and
Recreational and Open Space and 14.3 Acres of Agricultural Land on a 34 Acre
Parcel Located Within the Hecker Pass Specific Plan, West Residential
Cluster, APN 810 -20 -015, Applicant Gilroy Investors, LP
There were no public comments.
Motion on Item IX.B.
Motion: to Adopt Resolution 2014 -35 of the City Council of the City of Gilroy
Approving Tentative Map TM 13 -09, Creating 67 Single - Family Residential Lots,
6.5 Acres of Passive and Recreational and Open Space and 14.3 Acres of
Agricultural Land on a 34 Acre Parcel Located Within the Hecker Pass Specific
Plan, West Residential Cluster, APN 810 -20 -015, Gilroy Investors, LP Applicant
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Dion Bracco.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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. A Resolution of the City Council of the City of Gilroy Approving Architectural
and Site Review Application A/S 13 -27 for 67 Single - Family Residential Homes
Located Within the Hecker Pass Specific Plan, West Residential Cluster, APN
810 -20 -015, Applicant Gilroy Investors, LP
There were no public comments.
Motion on Item IX.C.
Motion: to Adopt Resolution 2014 -36 of the City Council of the City of Gilroy
Approving Architectural and Site Review Application A/S 13 -27 for 67 Single
Family Residential Homes Located Within the Hecker Pass Specific Plan, West
Residential Cluster, APN 810 -20 -015, Applicant Gilroy Investors, LP
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Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Cat Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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. Establishment of Low - priority Code Enforcement Violation Items Within
Chapter 30 Article 37 of the Gilroy City Code Entitled "Sign Regulations"
The staff report was presented by Community Development Director Abrams.
Public comment was opened.
Deborah Lee and Dar Zamrok spoke on the sales increase at the Senior Center gift
shop due to the use of a A -frame signing on the corner of Hanna Street
explaining that the profits from the gift shop supported local non - profits organizations
and seniors of the community.
Ron Kirkish spoke on the need for signing that added character to the city sharing the
variety of signing in the downtown.
Bob Sigala asked if the business committee needed to prepare anything for the Council
to consider on August 18, 2014 and suggested that notification be made to the Spanish
speaking business owners.
Public comment was then closed.
Motion on Item IX.D.
Motion: to Direct Staff on Low - priority Code Enforcement Items as recommended
in the staff report: A -frame Portable Signs, Banners, and hand held signs.
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Terri Aulman.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Terri
Aulman; Council Member Dion Bracco; Council Member Peter Leroe-
Munoz; Council Member Cat Tucker; Mayor Pro Tempore Peary Woodward; Mayor
Don Gage
X. INTRODUCTION OF NEW BUSINESS
A. An Ordinance of the City Council of the City of Gilroy Amending Provisions
Within Chapter 21 of the Gilroy City Code Entitled "City Subdivision Code ",
and First Amendment of Property Improvement Agreement 2014 -02 (Phase 1A
Glen Loma Ranch)
The staff report was presented by City Engineer /Public Works Director Smelser.
There were no public comments.
Motion on Item X.A.
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 M.D.; 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.
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Second Motion on Item X.A.
Motion: to Introduce an Ordinance of the City Council of the City of Gilroy
Amending Provisions Within Chapter 21 of the Gilroy City Code Entitled "City
Subdivision Code"
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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
Third Motion on Item X.A.
Motion: Approval of the First Amendment to Property Improvement Agreement
No. 2014 -02 Glen Loma Ranch Assessor's Parcel Numbers 808 -19 -016, 808 -19-
018, and 808 -19 -019
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Peter Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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. Downtown Action Plan
The staff report was presented by Development Center Manager Butler.
Public comment was then opened.
James Suner stated that the city had not provided the action plan document to the
Downtown Association or other stake holders with a sufficient amount of time explaining
that there a number of items that needed to be reviewed further.
Jose Montes was called to speak stating that the fee waiver assisted in the construction
of 3 beautiful buildings as an investment economically of the city. He then stated that
there wasn't enough outreach to the downtown business and property owners and he
suggested that the council consider continuing the item to another meeting date to allow
for more input.
Gary Walton was called to speak stating that the downtown stake holders needed to
have more input in the action plan as the plan would need to have their buy -in. He
explained that an economic study needed to be conducted and timelines needed to be
established within the plan, with urgency items. He concluded by explaining that more
time and input needed to be put into the document before the Council adopted it.
Public comment was then closed.
Motion on Item X. B.
Motion: to continue the item to a study session after August so that all
stakeholder groups have time to give their input on the Proposed Action Plan
Moved by Council Member Peter Arellano M.D., seconded by Council Member
Dion Bracco.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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. Memorandum of Understanding Between the City of Gilroy and the Gilroy
Firefighters, International Association of Firefighters (IAFF), Local 2805 for the
Period of July 1, 2014 Through June 30, 2016 and Approval of Salary
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Schedules for Personnel Represented by the Gilroy Firefighters, IAFF Local
2805
The staff report was presented by Human Resources Director McPhillips.
There were no public comments.
Motion on Item X.C.
Motion: to Approve a Memorandum of Understanding Between the City of Gilroy
and the Gilroy Firefighters, IAFF, Local 2805 for the Period of July 1, 2014
Through June 30, 2016
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Cat Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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
Second Motion on Item X.C.
Motion: to Adopt Resolution 2014 -37 of the City Council of the City of Gilroy
Establishing the July 1, 2014 and July 1, 2015 Salary Schedules for Personnel
Represented by the Gilroy Firefighters, IAFF Local 2805
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Cat Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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. Memorandum of Understanding Between the City of Gilroy and Gilroy Police
Officers Association, Inc. for July 1, 2014 Through June 30, 2016 and Approval
of Salary Schedules for Personnel Represented by the Gilroy Police Officers
Association
There were no public comments.
Motion on Item X.D.
Motion: to Approve a Memorandum of Understanding Between the City
of Gilroy and the Gilroy Police Officers Association, Inc. from July 1, 2014
Through June 30, 2016
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council
Member Cat Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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
Second Motion on Item X.D.
Motion: to Adopt Resolution 2014 -38 of the City Council of the City of Gilroy
Establishing the July 1, 2014 and July 1, 2015 Salary Schedules for
Personnel Represented by the Gilroy Police Officers Association
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Cat Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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
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XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund shared a video on the city storm drain program. He then
spoke on the scheduled timing of the construction of a roundabout near Las Animas
school.
XII. CITY ATTORNEY'S REPORTS
There were none.
Mayor Gage spoke on the Council on Aging Council member representative seat.
Council Member Aulman agreed to take the representative seat.
XIII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Paragraphs (2) and (4) of Subdivision (d)
of Government Code Section 54956.9, and Gilroy City Code Section 17A.8 (a) (3)
One (1) Case - Both as Defendant and Plaintiff
There were no public comments.
City Attorney Callon explained that the council was considering the item in Closed
session as discussion in open session could prejudice the city's position in the case.
Motion to Adjourn to Closed Session
Motion: to assert the Attorney Client privilege and adjourn to closed session
Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore
Perry Woodward.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; 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
The Council adjourned to closed session at 8:18 p.m.
SHAWNA FRED LS, MMC
City Clerk
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City Council Meeting Minutes
7/1/2014