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Minutes 2016/04/18City of Gilroy City Council Meetinq Minutes April 18, 2016 Special Meeting I. CALL TO ORDER AND ROLL CALL Mayor Woodward called the meeting to order at 5:33 p.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward 1111. CLOSED SESSION A. 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) One (1) Case as Defendant Acting City Attorney Faber explained that the Council was entering into closed session on the item as discussion in open session would unavoidably prejudice the city's position in the case. There were no public comments. The Council adjourned to closed session. Regular Meeting I. OPENING A. Call to Order Mayor Woodward called the meeting to order at 6:00 p.m. The pledge of allegiance was led by Council Member Harney. The Invocation was given by Ruth Brenton of the Bahai Faith Community. City Clerk Shawna Freels reported that the agenda had been posted on April 13, 2016 at 10:35 a.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward B. Orders of the Day There were no agenda changes. C. Employee Introductions There were none. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations City Council Meeting Minutes 4/18/2016 Mayor Woodward presented certificates of recognition to Joel Goldsmith, Terri Neidigh, Alex Salinas and Claudia Salinas for Their Heroic Lifesaving Efforts. The Recology South Valley Recycler of the Year Award for Black Bear Diner was announced. INTEVERVIEWS A. Interviews for One Open Seat on the Historic Heritage Committee The Council interviewed Steve Seebart. Ill. 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 John Skinner was called to speak sharing his concerns with traffic in the Mesa Ridge area issues with children using the crosswalk. He detailed 2 deaths on the Road describing the speeding and then handed out a petition that had been signed by 60 residents of the area. He spoke on a blind comer and the number of calls he had made to the city explaining that nothing had been done, and concluded by asking the city to consider putting in 2 additional stop signs on Miller Road at San Justo with a crosswalk. IV. REPORTS OF COUNCIL MEMBERS Council Member Harney spoke on the first Silicon Valley Clean Energy meeting describing the functions of the JPA. Mayor Pro Tempore Leroe -Munoz shared rain statistics from the Santa Clara Valley Water District explaining that the region was 95% to average with 12 inches in rain to date, but the District was continuing to advocate for reduced water usage. He then spoke on the Santa Clara County Cities Association ballot measure to preserve the wetlands of the bay area. Mayor Woodward spoke on the URM Task Force meetings explaining that there were 4 buildings remaining to begin their URM repair. He spoke on his first Coffee with the Mayor event and went on to detail a city tour he had taken with the City Administrator. He detailed recent discussions with a group that was interested in bringing in a BMX park and announced that he and the City Administrator_ would be meeting with members of the school district the next morning for their monthly meeting. . V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR A. Minutes of the April 4, 2016 Regular Meeting B. Authorization to Dispose of Seized Computer Assets and Property C. Confirmation of the Appointment of City Administrator Pro Tempore D. Amendment to Contract with EPC IT Solutions, Inc. E. Approval of American Crown Circus Event May 3 - May 9, 2016 Motion on the Consent Calendar Motion: Approve Consent Calendar Items A, B, C, D, E Moved by Council Member Dion Bracco, seconded by Council Member Cat Tucker. City Council Meeting Minutes 4/18/2016 3 Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe - Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward VII. BIDS AND PROPOSALS A. Award of Contract for City Hall Upgrade Project 16- RFP -ASD -387 The staff report was presented by Facilities Manager Dunckel. There were no public comments. Motion on Item VII.A. Motion: to Award a Construction Contract for the City Hall Upgrade Project in the Amount of $320,000.00 to Everlast Builders, Inc. Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward VIII. PUBLIC HEARINGS A. Continued Public Hearing for the Appeal of the Planning Commission's Denial of AS 14 -41 Architectural and Site Permit Application for the Construction of a 75 -unit Four -Story Senior Apartment Complex on a Property Located on the East Side of Monterey Road Across from Ervin Court, APN 841 -14 -011; AMG and Associates The staff report was presented by Planner I Negrete. The public hearing was opened, there being no comments it was then closed. Motion on Item VIII.A. Motion: to adopt Resolution 2016 -22 of the City Council of the City of Gilroy granting the appeal and creating a new condition for the sidewalk installation in concrete as opposed to asphalt. Moved by Council Member Dion Bracco, seconded by Council Member Terri Aulman. Vote: Motion carried 5 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Mayor Perry Woodward No: Council Member Daniel Harney; Council Member Roland Velasco IX. UNFINISHED BUSINESS A. Appointment to an Open Seat on the Historic Heritage Committee There were no public comments. Motion on Item IX.A. Motion: to Appoint Steve Seebart to the Historic Heritage Committee Moved by Council Member Cat Tucker, seconded by Council Member Daniel Harney. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward City Council Meeting Minutes 4/18/2016 4 B. Adoption of an Ordinance of the City Council of the City of Gilroy Approving Zoning Application Z 13 -08 Changing the Zoning Designation From R4 (High Density Residential) to R4 1PUD (High Density Residential /Planned Unit Development) to Allow for a 202 -Unit Condominium Townhouse Development on a Property Located at the Southeast Corner of Santa Teresa Boulevard and First Street, APN's 808- 01 -21, 808 -01 -22 and 808- 01 -23; filed by Imwalle Properties Council Member Aulman recused herself from deliberations on the item due to her property ownership within 500 feet of the subject site. She then left the chambers. There were no public comments. Motion on Item IX.B. Motion: to Adopt an Ordinance 2016 -09 of the City Council of the City of Gilroy Approving Zoning Application Z 13 -08 Changing the Zoning Designation From R4 (High Density Residential) to R4 /PUD (High Density Residential /Planned Unit Development) to Allow for a 202 -Unit Condominium Townhouse Development on a Property Located at the Southeast Corner of Santa Teresa Boulevard and First Street, APN's 808- 01 -21, 808 -01 -22 and 808- 01 -23; Filed by Imwalle Properties Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 5 -1 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Mayor Perry Woodward No: Council Member Roland Velasco Recused: Council Member Terri Aulman C. Amendment to the Authorized Consultant Services Fee for the Preparation of a Report on the Impacts of the Recently Submitted Citizen Initiative as Provided for Under California Elections Code Section 9212 The staff report was presented by Community Development Director Abrams. Council Member Aulman returned to the dais. Public comment was opened. Ron Kirkish was called to speak explaining that the recently circulated initiative was a scare tactic and he believed that the report was needed to save the city from the possible problems associated with it as the city was decaying. Public comment was closed. Motion on Item IX.C. Motion: Approve an Amendment of an Additional $75,000.00 to the Authorized Fee for the Preparation of a Report on the Impacts of the Recently Submitted Citizen Initiative. Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward D. Police Dept. Staffing Study Update The staff report was presented by Police Chief Turner. There were no public comments. City Council Meeting Minutes 4/18/2016 5 Motion on Item IX.D. Motion: to Receive the Report Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward X. INTRODUCTION OF NEW BUSINESS A. Historic Building Window Replacement Policy The staff report was presented by Community Development Director Abrams. There were no public comments. Motion on Item X.A. Motion: to Provide Direction to Staff to analyze the use of alternate materials for window replacement for further discussion Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward B. Report on the Draft 2016 Business Plan for High Speed Rail The staff report was presented by Planner Bischoff. There were no public comments. Motion on Item X.B. Motion: to Direct Staff to submit the letter with the changes as recommended by Mayor Pro Tempore Leroe- Munoz, and Mayor Woodward. Moved by Council Member Cat Tucker, seconded by Council Member Daniel Harney. Vote: Motion carried 6 -1. Yes: Council Member Terri Aulman; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward No: Council Member Dion Bracco XI. CITY ADMINISTRATOR'S REPORT There were none. XII. CITY ATTORNEY'S REPORT There were none. XIII. CLOSED SESSION A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Local 280,5, IAFF Fire Unit Representing Gilroy Fire Fighters City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, City Human Resources Director Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions City Council Meeting Minutes 4/18/2016 Memorandum of Understanding: MOU between the City of Gilroy and the Gilroy Firefighters Local 2805 B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, City Human Resources Director; Charles Sakai, Labor Negotiations Counsel Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: MOU Between the City of Gilroy and Gilroy Police Officers Association, Inc. There were no public comments. The Council adjourned to closed session at 7:55 p.m. SHAWNA FREED', MMC City Clerk City Council Meeting Minutes 4/18/2016 1 1