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Minutes 2014/11/03City of Gilroy City Council Meetina Minutes November 3. 201 (.OPENING A. Call to Order The pledge of Allegiance was led by Council Member Bracco. The invocation was given by Pastor Isaac Serrano of South Valley Community Church. City Clerk Shawna Freels announced that the agenda had been posted on October 29, 2014 at 12:35 p.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano B. Orders of the Day There were no agenda changes. C. Introductions Public Works Director Smelser introduced newly hired Operations Division staff member Obadiah Garcia. Chief Turner Introduced newly hired Communications public safety trainee Marissa Hanly. 11. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented a proclamation Recognizing the Gilroy High School Wrestling Program and the Positive Impact of Gregg Varela as Gilroy High Wrestling Coach and Educator. A. Interview for One (1) Open Seat on the Open Government Commission The Council conducted the interview. Ill. 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 Rachelle Bedell was called to speak sharing the young artist's poster contest. Sharon McKeegan was called to speak sharing her request to amend the city code relating to cat licensing of indoor cats. Ron Kirkish was called to speak giving his thanks to the Police Department for their recent efforts with the meth lab take down. Public comment was then closed. City Council Meeting Minutes 11/3/2014 pi B. Annual Presentation by the Physically Challenged Board of Appeals The presentation was given by Board Member Johanson. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco reported that the Library JPA $80 fee for non - district library users was being rescinded. Council Member Leroe -Munoz thanked the Parks and Rec. Department for the fun run and went on to congratulate the Sister Cities Association for their send off of recent visitors from Takko Machi, Japan. Council Member Aulman stated that Gilroy Gardens was up $400,000 in revenue and the park's ticket sales was beginning for 2015. MAYOR'S REPORT Mayor Gage reported that the subcommittee had interviewed 5 candidates and would be bringing 3 candidates to the full Council on the 8th. He then spoke on the Santa Clara County CAL ID Board appointment of a new Chair and the Sherriffs staffing plan related to finger printing. He then spoke on the work of the URM Task Force and further spoke on the resolution on the consent agenda related to the URM Ordinance extension. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pro Tempore Woodward suggested that the issue of cat licensing as well as other portions of the animal licensing ordinance return to Council for review. The full Council agreed to agendize the item after the first of the next year. VI. CONSENT CALENDAR A. Minutes of the October 13, 2014 Special Meeting B. Minutes of the October 20, 2014 Regular Meeting C. A Resolution 2014 -56 of the City Council of the City of Gilroy Extending Chapter 6, Article 6 of the Gilroy City Code Entitled "Unreinforced Masonry Building (URM) Ordinance" to Complete the Seismic Safety Retrofitting Program for Unreinforced Masonry Buildings to December 16, 2015 D. Claim of Stacy Amezquita (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) E. Claim of Kelly Disiato (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) F. Claim of Farid Sharif (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) G. Fifth Amendment to Single Tenant Lease With Gilroy Gardens Family Theme Park, Inc., Extending the Term to February 28, 2017 H. Proclamation in Honor of Ken Schreiber (to be presented by the Santa Clara Valley Habitat Agency Governing Board) City Council Meeting Minutes 11/3/2014 Motion on the Consent Calendar Motion: Approve A, B, C, D, E, F, G, H Moved by Council Member Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano VII. BIDS AND PROPOSALS Item VII.B was taken out of order. B. Award of Design Contract for Cohansey Avenue Bridge at the West Branch of Llagas Creek The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.B. Motion: to Award the Design Contract for the Cohansey Avenue Bridge at the West Branch of Llagas Creek in the Amount of $413,552.00 to Bengal Engineering, Inc. Moved by Council Member Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano A. Award of Traffic Signal and Streetlight Maintenance and Repair Services Project; Project No. 15 -PW -316 The staff report was presented by Traffic Engineer Servin. There were no public comments. Motion on Item VII.A. Motion: to Award Traffic Signal and Streetlight Maintenance and Repair Services Project; Project No. 15 -PW -315 to Cal -West Lighting & Signal Maintenance, Inc. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1.. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano VIII. PUBLIC HEARINGS A. An Ordinance of the City Council of the City of Gilroy Amending Various Provisions of Chapter 30, Article 37 of the Gilroy City Code Related to Sign Regulations The staff report was presented by Community Development Director Abrams. The public hearing was opened, there being no comments it was then closed. City Council Meeting Minutes 11/3/2014 4 Motion on Item VIII.A. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano Mayor Gage read the ordinance by title. Second Motion on Item VIII.A. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending Various Provisions of Chapter 30, Article 37 of the Gilroy City Code Entitled "Sign Regulations" Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano IX. UNFINISHED BUSINESS A. Appointment of Six (6) Members to the Gilroy Youth Commission with Terms Expiring September 30, 2016 Public comment was opened. Sally Armendariz was called to speak sharing her thoughts on the recruitment efforts of the city for the Youth Commission seats. Public comment was then closed. Motion on Item IX.A. Motion: to Appoint Olivia Baxter, Gianfranco Filice, Lorena Garnica, Darden Yafai, Kaitlyn Lombardo and Morgan Moreno to the Gilroy Youth Commission with Terms Expiring September 30, 2016 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano B. An Ordinance of the City Council of the City of Gilroy Adding a New Article 8 Entitled "Tobacco Retailer Permit" to Gilroy City Code Chapter 13 The staff report was presented by Senior Planner Ketchum. Sally Armendariz was called to speak sharing her concerns with youth in the community smoking cigarettes and the need for the ordinance. Barbara Baszan was called to speak sharing her thoughts about problems with youth smoking cigarettes. She then spoke on CARAS and the need for recreation activities for youth requesting that the city assist in the community use of the El Portal gym. City Council Meeting Minutes 11/3/2014 Paul Henry was called to speak sharing his concerns with the level of the fines asking why business owners were being penalized instead of the cashier who violated the law by selling tobacco to minors. He went on to explain that he fired employees who sold tobacco to youth and explained that it would cause many lawsuits against the city. Angie Aguirre was called to speak thanking the Council for the public participation and outreach in the creation of the ordinance and further thanked the Council for focusing on the legislation. Erin O'Brien was called to speak thanking the City for considering the adoption of the ordinance. Javier Aguirre was called to speak sharing his support for the consideration of adopting the tobacco retailer license ordinance. Jaime Rosso Trustee for Gilroy Unified School District thanked the City Council for working on the initiative and promoting the health needs of the community and then shared the school district's support of the Council moving forward with the adoption of the ordinance. Ron Kirkish was called to speak sharing thoughts on development of an in -house training for local business owners to self - police their staff. Public comment was then closed. Motion on Item IX.B. 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 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe - Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano Mayor Gage read the ordinance by title. Second Motion on Item IX.B. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Adding a New Article 8 Entitled "Tobacco Retailer Permit" to Gilroy City Code Chapter 13 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe - Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano Third Motion on Item IX.B. Motion: to Adopt a Resolution 2014 -57 of the City Council of the City of Gilroy Setting the Annual Tobacco Retailer Permit Fee Pursuant to Gilroy City Code Section 13.72 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano City Council Meeting Minutes 11/3/2014 r: X. INTRODUCTION OF NEW BUSINESS A. Church Street at Eight Street Multi -Way Stop Control Warrant and Longmeadow Drive and Eagle View Way Intersection Evaluation The staff report was presented by Traffic Engineer Servin. There were no public comments. Council Member Tucker recused herself from deliberations on the item, explaining that she owned a home on Eagle View Drive. Motion on Item X.A. Motion: to Approve the Installation of an All -way Stop Sign Intersection Control on Church Street at Eight Street Moved by Council Member Terri Aulman, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 5 -0 -2 Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage „ Absent: Council Member Peter Arellano; Council Member Tucker B. An Ordinance of the City Council of the City of Gilroy Adding a New Section 2 Entitled "Prevailing Wages Required" to Chapter 1 of the Gilroy City Code to Require the Payment of Prevailing Wages for Locally Funded Public Works Projects There were no public comments Motion on Item X.B. 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 Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano Mayor Gage read the ordinance by title. Second Motion on Item X.B. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Adding a New Section 2, Entitled "Prevailing Wages Required" to Gilroy City Code Chapter 1 to Require the Payment of Prevailing Wages for Locally Funded Public Works Projects Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano XI. CITY ADMINISTRATOR'S REPORTS There were none. City Council Meeting Minutes 11/3/2014 7 XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(d) (1) and GCC Section 17A.11 (3) (a) Name of Case: Donald Sipple, John Simon, Karl Simonsen and Christopher Jacobs, Settlement Representatives; New Cingular Wireless PCS, LLC, a Delaware limited liability company v. The City of Alameda, California, et al. (Complaint for Refunds of Taxes Erroneously Paid and Collected in Violation of Law) Court: A Second Appellate District of the Court of Appeal Case No.: A 8242893 Date Case Initially Filed: May 27, 2011 There were no public comments. Assistant City Attorney Houston announced that the Council was entering into closed session to discuss the item as discussion in open session could prejudice the City's position in the case Motion on Item XIII.A. Motion: to Adjourn to Closed Session Moved by Council Member Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Arellano The Council adjourned at 8:10 p.m. lrILy l.ltj l K City Council Meeting Minutes 11/3/2014