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Minutes 2014/11/17City of Gilroy City Council Meetina Minutes November 17, 2014 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:01 p.m. The pledge of allegiance was led by Mayor Pro Tempore Woodward. The invocation was given by Pastor Greg Quirke of South Valley Community church. City Clerk Shawna Freels announced that the agenda had been posted on November 12, 2014 at 4:15 p.m. Roll Call Present: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe - Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage B. Orders of the Day There were no agenda changes. C. Introductions There were no employee introductions. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented the Small Business and Large Non -Profit Arts and Culture Commission Awards. 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 Please Chris Izzo was called to speak sharing his concerns with the lack of secure fencing per the conditions of approval of the Harvest Park development he had recently moved into. Public comment was then closed. B. Arts and Culture Commission Annual Presentation to the City Council The presentation was given by Commission Chair Scariot IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco announced that spaghetti fund raiser for the youth task force. Council Member Tucker announced that she had been appointed as the voting member of LAFCO beginning in February, 2015. Council Member Leroe - Munoz congratulated Council Member Tucker for her appointment to LAFCO. City Council Meeting Minutes 11/17/2014 2 Mayor Pro Tempore Woodward congratulated Council Member Tucker on her appointment to LAFCO. MAYOR'S REPORT Mayor Gage spoke on the new purple pipe being put in by SCRWA and went on to speak on the URM Task Force work and meeting the following day. He concluded by sharing discussions from his recent coffee with the Mayor. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Leroe -Munoz suggested agendizing the city joining the open space authority. Staff indicated that it was on an upcoming agenda. Mayor Pro Tempore Perry Woodward suggested agendizing the city's campaign finance ordinance to see if it was up to date. The full Council agreed to agendize the item. VI. CONSENT CALENDAR Council Member Peter Arellano apologizing for not attending the previous meeting. He then explained that he could not participate in the approval of the minutes of the meeting. A. Minutes of the November 3, 2014 Regular Meeting Motion on Item VLA. Motion: to Approve the Minutes of the November 3, 2014 Regular Meeting with a correction. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Tucker. Vote: Motion carried 6- 0 -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 Abstain: Council Member Peter Arellano B. Property Improvement Agreement No. 2014 -07 and Final Map Approval for Silveira Tract 10230, APN 783 -16 -026 C. Appointment of One (1) Member to the Open Government Commission D. Resolution No. 2014 -58 of the City Council of the City of Gilroy Authorizing Acceptance and Execution of Agreements for the Housing Related Parks Program Grant E. Contract Amendment in the Amount of $39,000.00 With Robinson and Moretti for Water System Improvements F. Contract Amendment in the Amount of $188,407.00 With Vanguard Construction for the VERBS Safe Routes to School Project; Project No. 12 -PW- 199 G. Reimbursement Agreement in the Amount of $98,536.23 for Reimbursement of the Tenth Street Traffic Signal Modernization H. Claim of Sue Dodge (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim City Council Meeting Minutes 11/17/2014 3 Motion on Consent Calendar Motion: to approve Consent Calendar Items B, C, D, E, F, G, H Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage VII. BIDS AND PROPOSALS There were none. 1� VIII. PUBLIC HEARINGS A. Request to Amend Harvest Park Phase II Subdivision Architectural and Site Approval Condition Number 21 for a Property Located West of Monterey Street and North and South of Cohansey Avenue, APN's 790 -06 -029 and 030; Applicant South County Housing (A/S 13 -26) The staff report was presented by Planning Division Manager Martin. The Public Hearing was opened. Chris Izzo was called to speak explaining that he wanted to clarify that the HOA documents did not identify the number of HOA's as it was not disclosed to him when he purchased his home. Denis Lalor was called to speak explaining that the project would have separate HOA's and there would be no impact on the Harvest Park Phase I. He then spoke on the need for the affordable housing and the condition #21 when the project was approved explaining that it was not feasible as approved, but the solution as proposed would work. Mayor Gage stated that he had spoken with the applicant Council Members Arellano, Bracco, and Mayor Pro Tempore Woodward each announced that they had individually met with an applicant. Motion: Approve Motion to Direct Staff to Prepare a Resolution Modifying A/S 13- 26 Architectural and Site Condition Number 21. Moved by Council Member Dion Bracco, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage IX. UNFINISHED BUSINESS A. Appointment of One (1) Member to the Gilroy Youth Commission with a Term Expiration of September 30, 2016 There were no public comments. Motion on Item IX.A. Motion: to Appoint Eduardo Olivares as Member to the Gilroy Youth Commission with a Term Expiration of September 30, 2016 Moved by Council Member Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member City Council Meeting Minutes 11/17/2014 ld Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage B. Adoption of an Ordinance of the City Council of the City of Gilroy Amending City Code Section 30.37 Related to Sign Regulations Public comment was opened. Mark Turner was called to speak explaining that the banner portion of the ordinance had impacted businesses as language in the ordinance was not clear. Steve Peat was called to speak sharing the hardship and burden of the ordinance on his small business, explaining that many customers drove by and read his sign first before stopping. Bruce Haller was called to speak sharing his concerns with the banner provisions in the existing ordinance explaining that he would like to be involved in any future discussion of the provision as it was having a negative financial impact on his business. Public comment was then closed. Motion on Item IX.B. Motion: to Adopt Ordinance 2014 -15 of the City Council of the City of Gilroy Amending City Code Section 30.37 Related to Sign Regulations Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -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 No: Council Member Peter Arellano C. Adoption of 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 There were no public comments. Motion on Item IX.C. Motion: to Adopt Ordinance 2014 -16 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 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage D. Adoption of 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 There were no public comments. Motion on Item IX.D. Motion: to Adopt Ordinance 2014 -14 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 Council Member Tucker, seconded by Mayor Pro Tempore Perry City Council Meeting Minutes 11/17/2014 5 Woodward. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage E. Gilroy Auto Mall Parkway Public Process and Conceptual Road Improvements The staff report was presented by Traffic Engineer Servin. Susan Mister was called to speak sharing her concerns with the costs to make the change. Motion on Item IX.E. Motion: to Receive the Report Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage X. INTRODUCTION OF NEW BUSINESS A. Modifications to the City's Affordable Housing Exemption Policy Related to Rental Rates There were no public comments. Motion on item X.A. Motion: to Direct Staff to Modify the Residential Development Ordinance Affordable Housing Exemption Procedure Related to Rental Rates Moved by Council Member Dion Bracco, seconded by Council Member Peter Arellano. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage B. Code Enforcement Program Overview The Staff report was presented by Scott Barron. There were no public comments. Motion on Item X.B. Motion: to Receive the Report and Provide Direction to Staff Moved by Council Member Tucker, seconded by Council Member Dion Bracco. 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 C. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Section 18.6 (b) Related to the Consumption of Alcohol in Public Parks on a Permit Basis The staff report was presented by Police Chief Turner. Public comment was opened. City Council Meeting Minutes 11/17/2014 n Ron Kirkish was called to speak agreeing that the item should come back in the future as it needed to be monitored. Mike Mister spoke on the use of alcohol in Miller park stating that there should ban on drinking alcohol in all city the parks. Public comment was then closed. Motion on Item X.C. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage C. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Section 18.6 (b) Related to the Consumption of Alcohol in Public Parks on a Permit Basis There were no public comments. Motion on Item X.C. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Section 18.6 (b) Related to the Consumption of Alcohol in Public Parks on a Permit Basis with a sunset of 12/31117 Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage D. Agreement with Santa Clara County for the Purchase of a County Owned Building Located at 7350 Rosanna Street, Gilroy The staff report was presented by Public Works Director Smelser. There were no public comments. Motion on Item X.D. Motion: to Approve the Purchase of 7350 Rosanna Street from Santa Clara County for $496,000.00 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage E. Lease with Charter Communications for Wide Area Network Connectivity The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item X.E. Motion: to Approve. a Lease Agreement with Charter Communications in the Amount of $140,000.00 Per Year for a Three (3) Year Period Moved by Council Member Tucker, seconded by Council Member Dion Bracco. City Council Meeting Minutes 11/17/2014 Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage F. First Quarter 2014 -2015 Budget Review The staff report was presented by Finance Director Turner. Public comment was opened. Public comment was then closed. Motion on Item X.F. Motion: to Receive the Report Moved by Council Member Dion Bracco, seconded by Council Member Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage G. Update on Computer Aided Dispatch (CAD) System Interoperability The staff report was presented by Police Chief Turner. Public comment was opened. Susan Mister was called to speak stating that she was happy to see the item moving forward. Motion on Item X.G. Motion: to Approve an Agreement with Tiburon Inc., to Upgrade the CAD System, a Service Level Agreement with the Silicon Valley Regional Interoperability Authority (SVRIA) and the County of Santa Clara to Participate in the CAD to CAD Project, Acceptance of $82,500.00 Urban Area Security Initiative (UASI) Grant and Reallocate $320,575.00 in Funding for the Upgrade Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Tucker. Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage H. Downtown Appearance Standards Options and Facade Improvement Program Update The staff report was presented by Development Center Manager Butler. Public comment was opened. James Suner was called to speak sharing his thoughts of capping the fee at $50,000 and spoke in support of a low interest loan for the facade improvement program to make it economically viable for property owners to enhance the downtown. Public comment was then closed. Motion on Item X.H. Motion: to Issue a Request for Proposals and Provide Further Direction to Staff to look at options 2 and 313 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Dion Bracco. City Council Meeting Minutes 11/17/2014 Vote: Motion carried 7 -0. Yes: Council Member Peter Arellano; Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund reminded the Council about the citizens summit on December 10th XII. CITY ATTORNEY'S REPORTS There were no reports. ADJOURNMENT TO THE REGULAR MEETING OF DECEMBER 1, 2014 The Council adjourned at 9:43 p.m. §�+AWNA FREELS, MMC Citv Clerk 1 1 City Council Meeting Minutes 11/17/2014