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Minutes 2015/01/26City of Gilroy City Council_ Meeting Minutes January 26, 2015 I. OPENING 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 Tucker. 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 January 21, 2015 at 10:15 a.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent/Excused: Council Member Peter Leroe -Munoz B. Orders of the Day There were no agenda changes. C. Introductions City Clerk Freels introduced newly hired Office Assistant in the City Clerk's Office, Jennifer Marrazzo. Police Chief Turner introduced newly hired Police Officer Dustin Odell. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage presented the proclamation recognizing Catholic Schools Week. INTERVIEWS A. Continued Interviews for Boards and Commissions with Member Terms Expired December 31, 2014 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 no public comments. B. Presentation of the City's New Website The presentation was given by IT Manager Golden and Finance Director Turner. Public comment was opened. City Council Meeting Minutes 1/26/2015 2 Ron Kirkish was called to speak sharing his thoughts on the need for crime maps and other powerful detail available on the website. Public comment was then closed. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker explained that she had been ill a Council Member Velasco had attending her Habitat Conservation Agency meetings, and then spoke on the Welcome Center new website. Council Member Velasco explained that he had attended the Habitat Conservation Agency meeting as the Alternate and congratulated Council Member Tucker for her appointment as Chair of the governing Board. He then spoke on the actions taken related to fees. Council Member Aulman spoke on the Gilroy Gardens year to date success sharing information on the Water Oasis project and attendance increase and future growth areas planned for the park. She announced that March 28th Gilroy would be local residents day and concluded with details of the Chinese lantern festival at the park. Mayor Pro Tempore Woodward reported on the VTA Board meeting explaining that a new committee "envision silicon valley" had been formed to address the proposed sales tax ballot measure for 2016. He then announced that he had been appointed as Vice Chair of Caltrain. Mayor Gage announced that he had served as the Alternate to the Historic Heritage Committee explaining that the group had selected a Chair, and then spoke on the Downtown Business Association meeting and their planed events in 2015. He then spoke on the performance review of the Executive Director of the EDC and the discussions of the EDC annual budget and concluded by sharing the successes of the URM Task Force and upcoming meeting with property owners. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Gage suggested agendizing a resolution to send to the District Attorney in support of the sale of St. Louise Hospital to Prime Health Care. The Council agreed to agendize the item. VI. CONSENT CALENDAR A. Minutes of the January 5, 2015 Regular Meeting B. Approval of the Agreement of Settlement and Release Between New Cingular Wireless PCS, LLC and the City of Gilroy C. Budget Amendment in the Amount of $300,000.00 for Traffic Signal and Streetlight Copper Wire Theft Replacement and Property Damage Repair E. Notice of Acceptance of Completion of for Property Improvement Agreement No.2010 -02, Deer Park Phase III, Tract 9966; APN's 783 -20 -055 and 056 Motion to Approve the Consent Calendar Motion: to approve consent calendar items A, B, C and E Moved by Council Member Terri Aulman, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry City Council Meeting Minutes 1/26/2015 3 Woodward; Mayor Don Gage Absent: Council Member Peter Leroe -Munoz D. A Resolution 2015 -03 of the City Council of the City of Gilroy Declaring Certain Weeds Growing in the City of Gilroy to be a Public Nuisance, Describing Weed Which Constitute Said Nuisance and Providing Notice of the Adoption of the Resolution by Publication Thereof The staff report was presented by Fire Marshal Bretschneider There were no public comments. Motion on Item VI.D. Motion: to Adopt Resolution 2015 -03 of the City Council of the City of Gilroy Declaring Certain Weeds Growing in the City of Gilroy to be a Public Nuisance, Describing Weed Which Constitute Said Nuisance and Providing Notice of the Adoption of the Resolution by Publication Thereof Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Leroe -Munoz VII. BIDS AND PROPOSALS A. Consultant Selection and Contract Award for Construction Management Services for the Eigleberry Street Resurfacing Project No. 14 -PW -213 The staff report was presented by Operations Manager Stubchaer. Mayor Pro Tempore Woodward recused himself from deliberations on the item and then left the dais. There were no public comments. Motion on Item VII.A. Motion: to Award a Bid for Construction Management Services to MNS Engineers, Inc., and Approve Contract in the Amount of $139,740.00 Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Don Gage Absent: Council Member Peter Leroe -Munoz Absent/Abstain: Mayor Pro Tempore Perry Woodward Mayor Pro Tempore Woodward returned to the dais. VIII. PUBLIC HEARINGS There were none. IX. UNFINISHED BUSINESS A. Annual Appointments to City Boards, Commissions and Committees with Member Terms Expired December 31, 2014 There were no public comments City Council Meeting Minutes 1/26/2015 4 Motion on Item IX.A. Motion: to'Appoint Sally Armendariz to the Arts and Culture Commission, Luis Aguilar, Rebecca Garcia and Sherri Stuart to the Housing Advisory Committee, Linda Williams, Kris Schlenker, Salley Armendariz, David Almeida, Lorena Guzman and Rocio Reyes to the Community and Neighborhood Revitalization Committee, Rashmi Beman to the Library Commission and Neil Belian and John Almash to the Building Board of Appeals Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Leroe -Munoz B. Update on the Homelessness 15 -Point Plan The staff report was presented by Police Chief Turner. Public comment was opened. Ron Kirkish was called to speak sharing his thoughts on maintaining records of homeless and recidivism in the community. Jan Berstein Chargin of the Gilroy Compassion Center was called to speak sharing her thoughts on housing the homeless and explaining the costs associated with cleaning up the encampments. She went on to describe several of the issues associated with homeless and announced the homeless count the following day. Public comment was then closed. C. Update on Unreinforced Masonry (URM) Buildings Retrofit Progress The staff report was presented by Development Center Manager Butler. Public comment was opened. Ron Kirkish was called to speak and thanked Mayor Gage and Mayor Pro Tempore Woodward for their tenacity in moving the URM projects forward. He then went on to speak on the need for resources such as metered parking to raise revenues for the city. Public was then closed. X. INTRODUCTION OF NEW BUSINESS There was none. XI. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund stated that he would out of the office at a City Managers meeting later in the week. XII. CITY ATTORNEY'S REPORTS There were none. XII1. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9(d) (1) and Gilroy City Code City Council Meeting Minutes 1/26/2015 Section 17A.11 (3) (b) Name of Case: City of Gilroy v. Garlic Crossing, LLC, et al. Court: A Santa Clara County Superior Court Case No.: 1- 11 -CV- 212020 Date Case Filed: October 27, 2011 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to California Government Code Section 54956.9 d) (4) and Gilroy City Code Section 17A.11 (3) (b) Two (2) Cases as Plaintiff City Attorney Faber explained that the Council was adjourning to Closed session as discussion in open session would likely and unavoidable prejudice the city's position with the cases. Motion to Adjourn to Closed Session Motion: to Adjourn to Closed Session on Items XIII.A and B. Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Leroe -Munoz Closed Session Announcement on Item XIII.B The City Council directed the Acting City Attorney to file court actions in two separate cases, which actions will be made public when they are filed. Vote: Motion carried 5 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Roland Velasco; Absent: Council Member Peter Leroe -Munoz �- S�AVNA FREEL'", MC Citv Clerk 1 City Council Meeting Minutes 1/26/2015