Minutes 2015/08/03City of Gilroy
City Council Meeting Minutes
August 3. 2015
(.OPENING
A. Call to Order
Mayor Gage called the meeting to order at 6:00 p.m.
Council Member Bracco led the pledge of allegiance.
The invocation was given by the Bishop from the Church of Jesus Christ of Latter Day
Saints.
City Clerk Shawna Freels announced that the agenda had been posted on July 26,
2015 at 10:15 a.m.
Roll Call
Present: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage;
Acting City Attorney Faber; City Administrator Haglund
Excused: Council Member Peter Leroe- Munoz; Council Member Roland Velasco
Mayor Gage announced that Council Member Peter Leroe -Munoz would be very late or
would miss the meeting altogether.
B. Orders of the Day
Council Member Roland Velasco joined the meeting at 06:02 p.m.
There were no agenda changes.
C. Introductions
Police Chief Turner introduced newly hired Police Officer Robert Zuniga.
Community Development Director Abrams introduced newly hired planner Rebecca
Tolentino.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Father Brocato received the proclamation Celebrating the 150th Anniversary of St. Mary
Church
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
AFSCME representative John Tucker was called to speak sharing concerns regarding
negotiations with AFSCME and asking for a square deal for represented city staff. He
spoke on recent salary increases for the City Administrator and City Clerk, and the
process of surveying salaries to comparison cities to bring AFSCME employees to
median income levels explaining that their salaries were 15% below the average.
Mala Magill was called to speak sharing her support of a fair contract for city workers.
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Gary Carpenter was called to speak and asked if a salary survey had ever been
conducted for the general employees of the AFSCME union, describing the recent
increases for the City Administrator and City Clerk. He shared his experience as a city
employee and the need for a higher pay increase for the employees of AFSCME to
bring their wages to comparative salary levels.
Maria Leil was called to speak sharing her support of raises for the city employees.
Jon Shouse was called to speak sharing his position on city staff and then described the
under compensation of members of the general employee union. He went on to share
the versatility and specialized knowledge of city public works staff and asked the
Council to consider a higher pay increase during the union negotiations.
David Arousen of Working Partnership USA was called to speak explaining details of
the less than market rate increases proposed by the city during negations and
suggesting that the city consider giving the AFSCME members receive their fair share.
B. Historic Heritage Committee Annual Presentation to the City Council
The presentation was delayed as the Chair was not yet present.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Velasco spoke on the success of the Gilroy Sister Cities Association
events during the Garlic Festival and further spoke on the lack of City Council Member's
participation during the Sister Cities Association events and fundraising dinners. He
then thanked Police Chief Turner for attending a recent funeral of a fallen officer.
MAYOR'S REPORT
Mayor Gage shared a letter to Council regarding a visit to San Ysidro Park. He then
spoke on the South County Youth Task Force sharing details of the variety of activities
in Gilroy and Morgan Hill and concluded by announcing that the boxing center would be
opening soon.
B. Historic Heritage Committee Annual Presentation to the City Council
Vice Chair Edde presented the report to Council.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR
A. Minutes of the July 1, 2015 Regular City Council Meeting
B. Appointment of One (1) Member to the Public Art Committee to a Term
Expiring 12 /31/2018
C. Notice of Acceptance of Completion of Vehicle Emissions Reduction By
Schools Safe Route to School Improvement Project No. 12 -PW -199
D. Opening of the Recruitment Period for One (1) Seat on the Historic Heritage
Committee, One (1) Seat on the Public Art Committee and One (1) Seat on the
Arts and Culture Commission
F. Adoption of Ordinance No. 2015 -08 of the City Council of the City of Gilroy
Amending Chapter 6 of the City Gilroy Code by Adding Section 6.57 Entitled
"Small Residential Roof Top Solar Expedited Permitting"
H. Grant Application for the United States Department of Justice 2015 Edward
Byrne Memorial Assistance Grant for Fiscal Year 2015 -16
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Motion on the Consent Calendar
Motion: Approval of Consent Calendar Items A, B, C, D, F, H
Moved by Council Member Dion Bracco, seconded by Council Member Cat
Tucker.
Vote: Motion carried 5 -1 -1.
Yes: Council Member Dion Bracco; Council Member Cat Tucker; Council Member
Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage
No: Council Member Terri Aulman
Absent: Council Member Peter Leroe -Munoz
E. A Resolution of the City Council of the City of Gilroy Adopting Guidelines for
the Submission and Tabulation of Protests in Connection with Rate Hearings
Conducted Pursuant to Article 13D, Section 6 of the California Constitution
The staff report was presented by City Administrator Haglund and further described by
Acting City Attorney Faber.
Motion on Item VI.E.
Motion: Adopt Resolution No. 2015 -39 of the City Council of the City of Gilroy
Adopting Guidelines for the Submission and Tabulation of Protests in Connection
with Rate Hearings Conducted Pursuant to Article 13D, Section 6 of the California
Constitution
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 Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry
Woodward; Mayor Don Gage
Absent: Council Member Peter Leroe -Munoz
G. A Resolution of the City Council of the City of Gilroy Urging the State of
California to Provide New Sustainable Funding for State and Local
Transportation Infrastructure
The staff report was presented by City Administrator Haglund.
Public comment was opened.
Ron Kirkish was called to speak sharing his support for the adoption of the resolution.
Public comment was then closed.
Motion on Item VI.G.
Motion: to Adopt Resolution No. 2015 -40 of the City Council of the City of Gilroy
Urging the State of California to Provide New Sustainable Funding for State and
Local Transportation Infrastructure
Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member
Dion Bracco.
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
VII. BIDS AND PROPOSALS
A. Contract Amendment with Lynx Technologies, Inc. for On -Call Geographic
Information Systems (GIS) Support Services
The staff report was presented by Senior Engineer Angeles.
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There were no public comments.
Motion on Item VII.A.
Motion: to Approve. a Contract Extension with Lynx Technologies, Inc. for On -Call
Geographic Information Systems (GIS) Support Services in an Amount Not to
Exceed $200,000.00
Moved by Council Member Cat. Tucker, seconded by Council Member Terri
Aulman.
Vote: Motion carried 6 -0.
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. 613 Old Gilroy Street Improvement Project No. 16 -PW -229 Bid Rejection
The staff report was presented by Operations Manager Stubchaer
There were no public comments.
Motion on Item VI.B.
Motion: to Reject All Bids for Project No. 16 -PW -229
Moved by Council Member Cat Tucker, seconded by Council Member Terri
Aulman.
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
VIII. PUBLIC HEARINGS
A. Hearing for the Issuance of Multifamily Housing Revenue Bonds by the
California Municipal Finance Authority in an Aggregate Principal Amount Not
to Exceed $40,000,000.00 for the Harvest Park Apartments and Approving,
Authorizing and Directing the Execution of a Joint Exercise of Powers
Agreement
The staff report was presented by Grants Coordinator Murillo.
The public hearing was opened, there being no comments, the public hearing was then
closed.
Motion on Item VIII.A.
Motion: to Adopt Resolution No. 2015 -41 of the City Council of the City of Gilroy
Approving the Issuance of Multifamily Housing Revenue Bonds by the California
Municipal Finance Authority in an Aggregate Principal Amount Not to Exceed
$40,000,000.00 for the Harvest Park Apartments and Approving, Authorizing and
Directing the Execution of a Joint Exercise of Powers Agreement
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. 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
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The staff report was presented by Fire Marshal Bretschneider.
The public hearing was opened; there being no comments the hearing was then closed.
Motion on Item VIII.B.
Motion: to Adopt Resolution No. 2015 -42 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 Mayor Pro Tempore Perry Woodward, 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
Woodward; Mayor Don Gage
Absent: Council Member Peter Leroe -Munoz
C. Architectural and Site Review for a 27 -unit Apartment Project on a Property
Located at 9060 and 9070 Kern Avenue, APNs 790 -18 -015, 016, and 017 to
Construct Four(4)Two -Story Apartment Buildings, Two (2) One -Story
Apartment Buildings, a Club House, Community Garden and a Tot -lot,
Applicant PSI Development c/o Joe Burch (A/S 13 -05)
The staff report was presented by Planning Division Manager Martin.
The public hearing was opened; there being no comments it was then closed.
Mayor Gage stated that he had met with the applicant several years prior, but.the
project had changed significantly since their earlier meeting.
Council Member Tucker and Mayor Pro Tempore Woodward each also stated that they
had individually met with the applicant several years prior and the project was
significantly altered.
Motion on Item VIII.C.
Motion: to Direct Staff to Prepare a Resolution Approving, Modifying or Denying
A/S 13 -05
Moved by Council Member Cat Tucker, seconded by Council Member Dion
Bracco.
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
IX. UNFINISHED BUSINESS
A. A Resolution of the City Council of the City of Gilroy Approving RDO HE 15 -01,
An Application for a Residential Development Ordinance Housing Exemption
Request for the Harvest Park Apartments Project, APN's790 -06 -044 and 790-
65 -092
There were no public comments.
Motion on Item IX.A.
Motion: to Adopt Resolution No. 2015 -43 of the City Council of the City of Gilroy
Approving RDO HE 15 -01, An Application for a Residential Development
Ordinance Housing Exemption Request for the Harvest Park Apartments Project,
APN's790 -06 -044 and 790 -65 -092
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Moved by Mayor Pro Tempore Perry Woodward, 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
Woodward; Mayor Don Gage
Absent: Council Member Peter Leroe -Munoz
X. INTRODUCTION OF NEW BUSINESS
A. Endorsement of the Community Plan to End Homelessness in Santa Clara
County 2015 -2020
The staff report was presented by Grants Coordinator Murillo.
Public comment was opened.
Ron Kirkish was called to speak suggesting the county model programs after other
states and jurisdictions such as Utah, which was very progressive in their strategies of
ending homelessness.
Public comment was then closed.
Motion on Item X. A
Motion: to Adopt Resolution No. 2015 -44 of the City Council of the City of Gilroy
in Support of the Community Plan to End Homelessness in Santa Clara County
2015 -2020
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. Overview and Consideration of Certain Commercial Land Uses
The staff report was presented by Planning Division Manager Martin and Development
Center Manager Butler.
Public comment was opened; there being no comments it was then closed.
Motion on Item X.B.
Motion: to Direct Staff to remove the staff recommendations of over regulation
and the hours and be in consultation with the business and property owners for
the creation of an active environment without hindering business opportunities
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 Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry
Woodward; Mayor Don Gage
Absent: Council Member Peter Leroe -Munoz
C. PG &E Utility Program Update
The staff report was presented by Operations Manager Stubchaer, and PG &E staff.
There were no public comments.
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Motion on Item X.C.
Motion: to Receive the Report
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 Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry
Woodward; Mayor Don Gage
Absent: Council Member Peter Leroe -Munoz
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Haglund announced the National Night out event on 5th street the
following night.
XII. CITY ATTORNEY'S REPORTS
There were none.
XIII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITAGATION
Pursuant to California Government Code Section 54956.9(d) (1) and Gilroy City Code
Section 17A.11 (3) (a)
Name of Case: Daniel Castaneda v. City of Gilroy
Court: Workers Compensation Appeals Board
Case No's.: ADJ 8954173 and ADJ 8954175
Date Case Filed: 6/07/2013
B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT
Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) (a)
Collective Bargaining Unit: AFSCME Local 101 Representing Employees Affiliated with
AFSCME, Local 101
City Negotiators: Thomas Haglund, City Administrator; LeeAnn McPhillips, Human
Resources Director; Charles Sakai, Labor Negotiations Counsel
Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions
Memorandums of Understanding: MOU Between City of Gilroy and AFSCME, Local 101
Acting City Attorney Faber announced that Closed Item XIII.A. was active litigation and
discussion in open session could prejudice the City's position in the case.
Motion to Adjourn to Closed Session
Motion: to Adjourn to Closed Session and Remain in Closed Session to Address
Item XIII.A.
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
SFYAWNA FREELS, MME
City Clerk
City Council Meeting Minutes
8/3/2015