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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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City Council Meeting Minutes
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