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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. City Council Meeting Minutes 8/3/2015 1 1 1 2 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 City Council Meeting Minutes 8/3/2015 3 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. City Council Meeting Minutes 8/3/2015 4 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 City Council Meeting Minutes 8/3/2015 5 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 City Council Meeting Minutes 8/3/2015 0 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. City Council Meeting Minutes 8/3/2015 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