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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 City Council Meeting Minutes 7/1/2014 2 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 City Council Meeting Minutes 7/1/2014 3 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. City Council Meeting Minutes 7/1/2014 ll 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 City Council Meeting Minutes 7/1/2014 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. City Council Meeting Minutes 7/1/2014 M 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 City Council Meeting Minutes 7/1/2014 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 City Council Meeting Minutes 7/11/2014 M 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 1 City Council Meeting Minutes 7/1/2014