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Minutes 2015/09/28City of Gilroy City Council Meeting Minutes September 28, 2015 SPECIAL MEETING I. CLOSED SESSION A. PUBLIC EMPLOYEE APPOINTMENT /EMPLOYMENT Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4) ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and Gilroy Code Section 17A.13 (a); Public Report of the vote to continue in closed session if required under Gilroy Code Section 17A.11 (e) The City Council convened in closed session at 5:00 p.m. Present: Council Member Terri Aulman, Council Member Dion Bracco, Council Member Cat Tucker, Mayor Pro Tempore Perry Woodward, Mayor Gage. Absent: Council Member Peter Leroe- Munoz, Council Member Roland Velasco There were no public comments. The Council adjourned from Closed Session at 5:35 p.m. REGULAR MEETING I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:00 p.m. He then announced that the City Council would reconvene in closed session at the end of the meeting to further discuss the earlier Public Employee Appointment Closed Session item. The pledge of allegiance was led by Council Member Tucker. The invocation was given by Pastor Greg Quirk of South Valley Community Church. City Clerk Shawna Freels announced that the agenda had been posted on September 23, 2015 at 3:15 p.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 Absent/Excused: Council Member Peter Leroe- Munoz; Council Member Roland Velasco B. Orders of the Day Mayor Gage stated that the 5:00 p.m. Closed Session item would be continued to the end of the regular meeting for further discussion. C. Introductions There were no employee introductions. City Council Meeting Minutes 9/28/2015 K 11. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Gage announced a Proclamation Naming September as Ovarian Cancer Awareness Month. Mayor Gage presented a Proclamation Naming October as Community Planning Month. INTERVIEWS A. Interviews for One Open Seat on the Arts and Culture Commission The Council held an interview for the open seat. 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 B. Planning Commission Annual Presentation to Council The presentation was given by Planning Commission Chair Gullen. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker spoke on the CalTrain Citizen Advisory Committee meeting discussion of a public meeting in Gilroy on fare increases, and went on to announce that the Santa Clara Valley Habitat Agency had attained their goals in accumulating land at the old UTC, which covers 1/3 of the land the Agency was working to protect. Council Member Aulman announced that her groups had not met during the months of September. Mayor Pro Tempore Woodward announced that the CalTrain ridership was at an all - time high, and they were only recovering .60 cents on the dollar, which had triggered the need for a fare increase. MAYOR'S REPORT Mayor Gage announced that the Economic Development Corporation and the Downtown Business Association would both be meeting the following month. He went on to highlight all of the activities and programs for youth through the South Valley Youth Task Force and Policy Team. Council Member Peter Leroe -Munoz joined the meeting at 06:19 p.m. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR B. Amendment to Agreements with Rolfe Construction and CALTROP Corporation for Gilroy- Morgan Hill Joint Trunk Sewer Main Project No. 14 -PW- 208 C. Notice of Acceptance of Completion for Demolition of 7350 Rosanna Street Parking Improvement Phase 1 Project No. 15 -PW -227 City Council Meeting Minutes 9/28/2015 3 D. Notice of Acceptance of Completion for Sixth Street Improvements, LED Trail Lighting, Upgrades, and Fiber Optic Repair Project No. 15 -PW -216 E. Approval of the 2016 City Council Regular Meeting Schedule F. Approval of Agreements for On -call Environmental Planning Consultants: Christopher A Joseph & Associates, ICF Jones & Stokes, David J. Powers and Associates, Inc., Pacific Municipal Consultants, Denise Duffy & Associates, EMC Planning Group, Inc. and Environmental Science Associates G. A Resolution 2015 -51 of the City Council of the City of Gilroy Repealing Resolution No's. 2015 -45 and 2015 -46 in Their Entirety H. A Resolution 2015 -52 of the City of Gilroy Authorizing the City Administrator to Execute Agreement With the State Board of Equalization for Implementation of the Local Prepaid Mobile Telephony Services Collection Act I. A Resolution 2015 -53 Authorizing the Examination of Prepaid Mobile Telephony Services Surcharge and Local Charge Records Motion on the Consent Calendar Motion: to Approve Items B, C, D, E, F, G, H, I Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat. Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco A. Minutes of the September 14, 2015 Regular Meeting Second Motion on the Consent Calendar Motion: Approve the Minutes of the September 14, 2015 Regular Meeting Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker: Vote: Motion carried 5- 0 -1 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward;. Mayor Don Gage Absent: Council Member Roland Velasco Abstain: Council Member Dion Bracco VII. BIDS AND PROPOSALS A. Award of Construction Management Services Contract for the First Street Waterline Replacement Project The staff report was presented by Public Works Director Smelser. There were no public comments. Motion on Item VII.A. Motion: to Award Contract to 4Leaf, Inc. in the Amount of $324,208.00 with a Contingency of $48,600.00 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 Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco City Council Meeting Minutes 9/28/2015 2 B. Award of Construction Management Services Contract for the Casey /Swanston Street Waterline Replacement Project The staff report was presented by Public Works Director Smelser. There were no public comments. Motion on Item VII.B. Motion: to Award the Contract to Consolidated CM in the Amount of $128,380.00 with a Contingency of $19,260.00 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco VIII. PUBLIC HEARINGS A. Fiscal Year 2014 -2015 Annual Action Plan Amendment for the Community Development Block Grant (CDBG) Program The staff report was presented by Grants Coordinator Murillo. The public hearing was opened; there being none, it was then closed. Motion on Item VIII.A. Motion: to Approve an Amendment to the Fiscal Year 2014 -2015 Annual Action Plan CDBG Program Adding $250,000.00 to Enhance San Ysidro Park Moved by Council Member Terri Aulman, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco B. Fiscal Year 2014 -2015 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report The staff report was presented by Grants Coordinator Murillo. The public hearing was opened; there being none, it was then closed. Motion on Item VIII.B. Motion: to Approve the Consolidated Annual Performance and Evaluation Report Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco IX. UNFINISHED BUSINESS A. Appointment of One (1) Member to the Arts and Culture Commission There were no public comments. City Council Meeting Minutes 9/28/2015 101 Motion on Item IX.A. Motion: to Appoint Janette Contreras Member to the Arts and Culture Commission to a Tenn Ending December 31, 2016 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 Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco B. Appointment of Seven (7) Members to the Youth Commission There were no public comments. Council Member Bracco announced that he had not been present at the interviews and would not be voting on the item. Motion on Item IX.B. Motion: to Appoint Mariah Carpenter, Samantha Drews, Justin Fajardo, Mathew Plaza and Akash Sabharwal for 2 Year Terms Ending September 30, 2017, and Pryanka Sabharwal'and Brend O'Connor to Terms Ending September 30, 2016 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 5- 0 -1 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco Abstain: Council Member Dion Bracco C. High Speed Rail Station Area Plan Progress Update There were no public comments. Mayor Pro Tempore Woodward recused himself from deliberations on the item stating that he owned real property within 500 feet of the High Speed Rail station area. He then left the dais. The staff report was presented by Planner Bischoff. There were no public comments. Motion on Item IX.C. Motion: Approve Receive Report Moved by Council Member Peter Leroe - Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 5- 0 -1 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Don Gage Absent: Council Member Roland Velasco Abstain: Mayor Pro Tempore Perry Woodward X. INTRODUCTION OF NEW BUSINESS Mayor Pro Tempore Woodward returned to the dais. A. Youth Scholarship Program Update The staff report was presented by Recreation Manager DeLeon. There were no public comments. City Council Meeting Minutes 9/28/2015 Motion on Item X.A. Motion: Receive Report 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 Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco B. Review of Proposed Color Palette Ordinance The staff report was presented by Senior Planner Tolentino. . Public comment was opened. Ron Kirkish was called to speak explaining that he believed that earth tones should be reviewed more. Janette Contreras was called to speak thanking the Council for their care in finding a compromise. Public comment was then closed. Motion on Item X.B. Motion: to Provide Direction to Staff to study the City of Campbell more as a model. Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe - Munoz. Vote: Motion carried 4 -2 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco; Council Member Cat Tucker Absent: Council Member Roland Velasco C. General Fund Reserve Policy Review The staff report was presented by finance director Turner. Public comment was opened. Ron Kirkish was called to speak sharing the financial tragedies of several cities during the great recession, and recommending that the Council continue with the existing reserve policies. Public comment was then closed. Motion on Item X.C. Motion: Approve Receive 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 Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Roland Velasco XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS City Council Meeting Minutes 9/28/2015 7 XIII. CLOSED SESSION A. 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 PUBLIC EMPLOYEE APPOINTMENT /EMPLOYMENT Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4) There were no public comments. Motion to Ad*ourn to Closed Session Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage Absent: Council Member Peter Leroe- Munoz; Council Member Roland Velasco The Council adjourned to closed session at 8:25 p.m. The Council reconvened in open session. Closed Session Announcement PUBLIC EMPLOYEE APPOINTMENT /EMPLOYMENT Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4) The Gilroy City Council appointed Ed Tewes as Interim City Administrator subject to the approval of an interim employment agreement. Vote: Motion carried 5 -1 -1. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco Absent: Council Member Roland Velasco SHAWNA FREELS, MMC City Clerk 1 City Council Meeting Minutes 9/28/2015