Minutes 2014/08/04City of Gilroy
City Council Meeting Minutes
Auqust 4, 2014
I. OPENING
Location: 320 Karen Drive, Elizabeth, Pennsylvania 15037
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 Leroe- Munoz.
City Clerk Shawna Freels announced that the agenda had been posted on July 30, 2014
at 12:15 p.m.
Roll Call
Present: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Tucker; Mayor Don Gage; City
Administrator Haglund; Assistant City Attorney Jolie Houston
Absent/Excused: Council Member Peter Arellano; Mayor Pro Tempore Perry
Woodward
B. Orders of the Day
Mayor Gage announced the Item X. A. was on the agenda to be heard at a time certain
of 7:00 p.m.
C. Introductions
Public Works Director Smelser introduced newly hired Senior Civil Engineer Maria and
newly promoted full time Maintenance Worker Adam Pardes.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
There were none.
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 none.
B. Parks & Recreation Commission Annual Presentation to the City Council
The report was given by Parks and Recreation Commission Chair Brittany Lehman.
Council Member Peter Arellano joined the meeting by conference call at 06:07 p.m.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Leroe -Munoz spoke on the recent water commission meeting explaining
that the Water District had introduced "water cops" who would address issues of water
overuse and education in the county.
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Council Member Aulman spoke on the recently opened water feature at Gilroy Gardens
sharing the increase in attendance due to the new feature.
MAYOR'S REPORT
Mayor Gage spoke on a future meeting of the Street Naming Committee and spoke on
permits issued for two URM buildings in the downtown. He then explained that the city
was receiving applications for the City Attorney position and intended to make a hiring
decision in December.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Bracco asked that the newly hired Code Enforcement officers work to
enforce other violations including non - licensed businesses in the community and dumped
tires as they were not currently working on the sign ordinance (06:16 PM)
VI. CONSENT CALENDAR
A. Minutes of the July 1, 2014 Regular Meeting
B. Notice of Acceptance of Completion for Paseo Improvements at 7453 Monterey
Street, Project No. 14-PW -211
C. Approval of Circo Hermanos Caballero Circus Event August 8 -18, 2014
D. Adoption of Ordinance No. 2014 -08 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"
E. Adoption of Ordinance No. 2014 -09 of the City Council of the City of Gilroy
Amending Provisions Within Chapter 21 of the Gilroy City Code Entitled "City
Subdivision Code"
F. Acceptance of 2015 Office of Transportation Safety Pedestrian /Bicycle Safety
Grant in the Amount of $107,423.00
G. Resolution No. 2014 -39 of the City Council of the City of Gilroy Approving
Delegation of Authority to the City Administrator for Approval of Real Property
Transactions Requested of the Housing and Community Development Division
of the City's Community Development Department
H. Approval of the Write Off of Uncollectible Delinquent Water and Sewer Accounts
in the Amount of $24,841.81
I. Appointment of One (1) Member to the Physically Challenged Board of Appeals
and One (1) Member to the Street Naming Committee
Motion on the Consent Calendar
Motion: to Approve Items A, B, C, D, E, F, G, H and I
Moved by Council Member Tucker, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
VII. BIDS AND PROPOSALS
A. Gilroy- Morgan Hill Joint Trunk Sewer Replacement Project Bid Award, Project
No. 14-PW -208
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Operations Manager Stubchaer presented the report.
There were no public comments.
Motion on Item VII.A.
Motion: to Award the Contract for the Gilroy- Morgan Hill Joint Trunk Sewer
Replacement Project No. 14 -PW -208 to Rolfe Construction in the Amount of
$3,663,110.00
Moved by Council Member Tucker, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
B. Construction Management Services Consultant Selection for the Joint Trunk
Sewer Replacement Project, Project No. 14- RFQ -PW -313
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item VII.A.
Motion: to Approve a Contract with CALTROP Corporation in an Amount Not to
Exceed $316,469.26 for Project No. 14- RFQ -PW -313, and Designate CALTROP
Corporation, 4Leaf, Inc., MNS Engineers, Inc., Drake Haglan & Associates, Nova
Partners, Inc., and Consolidated CM to Provide As- Needed Construction
Management Services
Moved by Council Member Tucker, seconded by Council Member Dion Bracco.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
C. Old Youth Center Demolition Contract Bid Award, Project No. 15 -PW -218
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item VII.C.
Motion: to Award Contract to Silverado Contractors for the Demolition of the Old
Youth Center Project, Project No. 15 -PW -218 in the Amount of $166,118.00
Moved by Council Member Terri Aulman, seconded by Council Member Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
D. Rejection of All Bids for the Re -Roof Project City /South County Regional
Wastewater Authority (SCRWA) Buildings, Project No. 14 -AS -214
The staff report was presented by Facilities Manager Rick Brandini.
There were no public comments.
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Motion on Item VII.D.
Motion: to Reject All Bids for Project No. 14-AS -214 and Direct Staff to Rebid the
Project
Moved by Council Member Terri Aulman, seconded by Council Member Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
VIII. PUBLIC HEARINGS
A. Public Hearing to Consider the Report of Abatement of Weeds and Refuse
Within the City of Gilroy and Confirming Imposition of Assessment Liens
Against the Land
The staff report was presented by Fire Marshal Bretschneider.
The public hearing was then opened; there being none, the hearing was then closed.
Motion on Item VIII.A.
Motion: to Adopt Resolution No. 2014 -40 of the City Council of the City of Gilroy
Confirming the Report of the Chief of the Fire Department Setting Forth the
Description of the Property, Naming the Owner's Thereof, and Confirming the
Costs of Abating the Nuisance Caused by the Growing of Weeds and
Accumulation of Refuse and Providing that Such Costs Shall Constitute
Assessments Against the Land
Moved by Council Member Dion Bracco, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
B. Hearing Approving the Issuance by the California Municipal Finance Authority
of Multifamily Housing Revenue Bonds in An Aggregate Principal Amount Not
to Exceed $18,000,000.00 for the Gilroy Apartments Project and Approving,
Authorizing and Directing the Execution of a Joint Exercise of Powers
Agreement
The staff report was presented by Community Development Director Abrams.
The public hearing was opened; there being no comment it was then closed.
Motion on Item VIII.B.
Motion: to Adopt a Resolution No. 2014 -41 of the City Council of the City of
Gilroy, California Approving the Issuance by the California Municipal Finance
Authority of Multifamily Housing Revenue Bonds in An Aggregate Principal
Amount Not to Exceed $18,000,000.00 for the Gilroy Apartments Project and
Approving, Authorizing and Directing the Execution of a Joint Exercise of
Powers Agreement
Moved by Council Member Tucker, seconded by Council Member Terri Aulman.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Tucker; Mayor Don Gage
Absent: Council Member Peter Arellano; Mayor Pro Tempore Perry Woodward
C. Adoption of an Emergency Ordinance of the City Council of the City of Gilroy
Amending City Code Chapter 27, Adding a New Article 6 Entitled "Water Supply
Shortage Regulations" to Establish: (1) Permanent Voluntary Water Saving
Measures and (2) Temporary Water Conservation Standards, and Adoption of a
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Resolution of the City Council of the City of Gilroy Declaring the Existence of
Level 1 Water Supply Shortage Conditions
The staff report was presented by Operations Manager Stubchaer.
The public hearing was opened.
Dennis Kennedy of the Santa Clara Valley Water District was called to speak sharing
his support for the staff recommendation and need for the ordinance and resolution
calling a level 1 water supply shortage conditions. He went on to discuss the state
draught conditions and ability to achieve a 20% reduction in water use and concluded
by applauding the city for its use of reclaimed water.
The public hearing was then closed.
Motion on Item VIII.C.
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
City Clerk Freels read the ordinance title.
Second Motion on Item VIII.C.
Motion: to Adopt Emergency Ordinance No. 2014 -11 of the City Council of the
City of Gilroy to Establish: (1) Permanent Voluntary Water Saving Measures and
(2) Temporary Water Conservation Standards with the following additions:
H. Mandatory metering of water use at all city hydrants. For uses other than fire
suppression, all water delivered through city hydrants will require the use of
meters in order to more accurately track the use of city water.
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Terri Aulman.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
Third Motion on Item VIII.C.
Motion: to Adopt Resolution No. 2014 -42 of the City Council of the City of Gilroy
Declaring the Existence of Level 1 Water Supply Shortage Conditions
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Terri Aulman.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
X. INTRODUCTION OF NEW BUSINESS - Item X. A will be taken up at 7:00 p.m., or
as soon thereafter as the item can be heard
A. An Ordinance Submitting to the People of the City of Gilroy a Ballot Measure
Imposing a One -half Cent (0.50 %) Transactions and Use (Sales) Tax for Fifteen
(15) Years to be Administered by the State Board of Equalization
The staff report was presented by Finance Director Turner.
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Public comment was then opened.
Leonard Harrington was called to speak sharing his support of the measure.
Terrie Berry was called to -speak sharing her support of the measure.
Susan Mister was called to speak sharing her opposition to the measure explaining that it
would greatly impact vehicle sales.
Rui Bronze was called to speak sharing his support of the measure.
Patrick Moore was called to speak sharing his support of the measure.
Sharon Albert was called to speak sharing her support of the measure explaining that
much of the sales tax would be burdened on the out of town shoppers at the outlets and
spoke on the need for the assistance to the downtown.
Sam Bozzo was called to speak sharing his support of the measure and explaining that
the focused items identified in the staff report were vitally in need of the additional
funding.
Ermelindo Puente, Jr. was called to speak stating that the measure was needed to
purchase needed equipment and to fund necessary programs for the city.
Rachelle Bedell was called to speak sharing her support of the measure.
Lillian Silva, Elijah Chavez, Art Barron and Capri Christian of the Youth Alliance were
called to speak sharing their support of the measure for the programs of the Youth
Alliance at the Gilroy Youth Center.
Claudia Anderson spoke in support of the funding provided for youth programs provided
at the Youth Center.
Michael Sanchez was called to speak explaining that he was concerned with the
accountability of future Council Members and asking for a citizens oversight committee.
Debbi Sanchez spoke on behalf of Mark Turner, Director of the Gilroy Chamber of
Commerce stating that the chamber would suggest that a citizen's oversight committee
be in place to monitor the expenditures.
Eric Howard was called to speak sharing his belief that a parcel tax bond measure
naming the particular items that the money would be spent on was a better option.
Gerald Harris was called to speak sharing his support of the measure to help fund gang
violence suppression and other public safety communication needs and sidewalks
Bill McCammon of the Silicon Valley Intraoperative SYRIA was called to speak sharing
the need for upgrading the emergency services communications system for the city.
Bang McKay was called to speak sharing his concerns with the measure explaining that
the city had over planned with the new library and the new police department, and he
didn't believe throwing more money into the general fund was fiscally responsible.
Mike Beasley was called to speak stating that there were a number of items that were in
need of funding or they would not get done stating that the 1/2 percent would go directly
into those targeted programs.
Mattie Scariot was called to speak stating that she was in support of the measure for
public safety and streets.
Bob Sigala was called to speak stated that he believed that it would be important to
identify what amount of money would be spent on local programs.
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Ron Kirkish was called to speak sharing his support of the measure explaining that the
need for funding the support the fight against gangs and for improved emergency
communications.
Marc Perkel stated that he was undecided on the measure and believed the city had
been good about managing the city finances in the past but he didn't believe being the
highest sales tax city in the county was a good idea.
Susan Rodriguez asked how incurring debt against the sales tax measure could occur.
Mark Starrit was called to speak stating that at one time the city operated without a
sales tax, but the 1/2 cent sales tax would add up if a larger purchase was being made.
Jasmine Cernik Yj was called to speak sharing her at risk youth program and needs for
additional funding to continue to support the program.
Public comment was then closed.
Motion on Item X.A.
Motion: to Read the Ordinance by Title Only and Waive Further Reading
Moved by Council Member Tucker, seconded by Council Member Dion Bracco.
Vote: Motion carried 6 -0.
Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council
Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member
Tucker; Mayor Don Gage
Absent: Mayor Pro Tempore Perry Woodward
City Clerk Freels read the ordinance title.
Second Motion on Item X.A.
Motion: to Adopt Ordinance No. 2014 -1.2 of the People of the City of Gilroy
Imposing a One -half Cent (0.50 %) Transactions and Use (Sales) Tax for Fifteen (15)
Years to be Administered by the State Board of Equalization
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Tucker.
Vote: Motion carried 5 -1 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Tucker; Mayor Don Gage
No: Council Member Peter Arellano
Absent: Mayor Pro Tempore Perry Woodward
Third Motion on Item X.A.
Motion: to Adopt Resolution No. 2014 -43 of the City Council of the City of Gilroy
Establishing November 4, 2014 as the Date for an Election on a Proposed Ballot
Measure Seeking Voter Approval Relating to the Enactment of a One -half Cent
(0.50 %) Transactions and Use (Sales) Tax for Fifteen Years; Establishing the
Policies and Procedures for Such an Election and Requesting That the County of
Santa Clara Conduct Such an Election
Moved by Council Member Tucker, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 5 -1 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Tucker; Mayor Don Gage
No: Council Member Peter Arellano
Absent: Mayor Pro Tempore Perry Woodward
Council Member Peter Arellano left the meeting at 08:53 p.m.
D. Consideration of Amending Gilroy City Code Section 30.50.60 (b) (2) k. and
30.50.60 (b) (2) I., Extending the "RDO" Exemption Period for Projects Making
Application Until April 4, 2015 (continued from May 5, 2014 and June 2, 2014)
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The staff report was presented by Planning Manager Martin.
Public comment was then opened.
James Suner was called to speak sharing his concerns with the proposed exemption
extension.
There being no further public comment it was closed.
Motion on Item X.D.
Motion: to Direct Staff to Prepare an Ordinance Amending Gilroy City Code Section
30.50.60 (b) (2) k. and 30.50.60 (b) (2) I., Extending the "RDO" Exemption Period for
Projects Making Application Until April 4, 2015, and to Prepare a Resolution
Setting Numeric Limits for Projects Receiving Allocations Through the RDO
Interim Exemption Process
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri
Aulman.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Tucker; Mayor Don Gage
Absent: Council Member Peter Arellano; Mayor Pro Tempore Perry Woodward
B. A Resolution of the City Council of the City of Gilroy Declaring a Blight
Nuisance at 1221 Cypress Court, Gilroy
The staff report was presented by Code Enforcement Officer Barron.
Public comment was opened.
John Burrus was called to speak explaining he was a neighbor and sharing his attempt to
help the property owner in abating the nuisance, concluding by stating that there was a
tremendous odor caused by the garbage accumulation.
Public comment was then closed.
Motion on Item X.B.
Motion: to Adopt Resolution No. 2014 -44 of the City Council of the City of Gilroy
Declaring Certain Blight Conditions in the City to be a Public Nuisance, Describing
These Blight Conditions Which Constitute Said Nuisance and Providing Notice by
Publication Thereof Pursuant to Gilroy City Code Section 5B.20
Moved by Council Member Tucker, seconded by Council Member Peter Leroe-
Munoz.
Vote: Motion carried 5 -0 -2.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Tucker; Mayor Don Gage
Absent: Council Member Peter Arellano; Mayor Pro Tempore Perry Woodward
C. Request for Extension of Awarded Residential Development Ordinance (RDO)
Interim Exemption Units and Performance Agreement for the Silveira Project
(TM 13 -04), Applicant the Glen Loma Group c/o Tim Filice
The staff report was presented by Planning Manager Martin.
There were no public comments.
Motion on Item X.C.
Motion: to Direct Staff to Prepare a Resolution Approving the Extension of TM 13-
04 Awarded Residential Development Ordinance (RDO) Interim Exemption Units,
and to Prepare an Associated Performance Agreement
Moved by Council Member Dion Bracco, seconded by Council Member Terri
Aulman.
Vote: Motion carried 5 -0 -2.
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Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Peter Leroe- Munoz; Council Member Tucker; Mayor Don Gage
Absent: Council Member Peter Arellano; Mayor Pro Tempore Perry Woodward
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund highlighted completion designation as a green business and
then spoke on PG &E testing of new gas leak detection within the community and then
invited the Council to the National Night Out event the following night. He concluded by
stating that he would be on vacation at the end of the week.
XII. CITY ATTORNEY'S REPORTS
There was none.
XII. ADJOURNMENT TO THE MEETING OF AUGUST 18, 2014
The meeting adjourned at 9:32 p.m.
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SHAWNA FREELS, MMC
City Clerk
City Council Meeting Minutes
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