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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. City Council Meeting Minutes 8/4/2014 E 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 City Council Meeting Minutes 8/4/2014 3 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. City Council Meeting Minutes 8/4/2014 4 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 City Council Meeting Minutes 8/4/2014 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. City Council Meeting Minutes 8/4/2014 0 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. City Council Meeting Minutes 8/4/2014 7 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) City Council Meeting Minutes 8/4/2014 L 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. City Council Meeting Minutes 8/4/2014 Li 0 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. 1 1 SHAWNA FREELS, MMC City Clerk City Council Meeting Minutes 8/4/2014