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Minutes 2016/05/02City of Gilroy City Council Meeting Minutes May 2, 2016 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 Cat 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 April 25, 2016 at 4:30 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; Mayor Perry Woodward; Acting City Attorney Faber; City Administrator Gonzalez Absent/Excused: Council Member Roland Velasco B. Orders of the Day Mayor Woodard asked that the Bicycle Awareness Month proclamation be moved to the next meeting. Motion to continue Item II.A.1 Motion: to move the Proclamation Naming the Month of May Bicycle Awareness Month to the next meeting. Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Mayor Perry Woodward Absent: Council Member Roland Velasco Council Member Roland Velasco joined the meeting at 06:01 p.m. C. Employee Introductions City Clerk Freels introduced newly hired Office Assistant Karen Haas. Police Chief Turner introduced newly hired Public Safety Communicator Katherine Povio, Police Office Recruit David Ludden, and Detention Officer Miguel Chavez. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations 1. Proclamation Naming the Month of May Building Safety Month 2. Proclamation Recognizing National Travel & Tourism Week May 1 - 7, 2016 3. Proclamation Naming the Month of May Bicycle Awareness Month III. PRESENTATIONS TO COUNCIL City Council Meeting Minutes 5/2/2016 A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Ron Kirkish was called to speak sharing an advertisement in the Gilroy Dispatch from the Gilroy EDC and Chamber of Commerce thanking them for their efforts. The Youth Commission annual presentation was given by Chair Filice and Vice Chair Lombardo. IV. REPORTS OF COUNCIL MEMBERS Council Member Harney spoke on the newly formed Silicon Valley Clean Energy Joint Power Authority. Council Member Aulman spoke on the UNFI ribbon cutting event. Mayor Pro Tempore Leroe -Munoz spoke on his discussion with staff on cyber security options for the protection of private data. Mayor Woodward explained that he and the City Administrator had held their monthly meeting with the Gilroy School District Superintendent and President he then shared a recent Chamber of Commerce legislative briefing. He spoke on the UNFI ribbon cutting and the possibility of future distribution centers located in Gilroy. He spoke on the URM Task Force work and closed by describing the Red Barn Committee clean up event the previous weekend. V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR Council Member Aulman recused herself from deliberations on item B, explaining that she owned property within 500 feet of the subject site. B. Heartland Estates II Final Map and Property Improvement Agreement No. 2016 -01, Tract 101315, Meritage Homes Corp. APN 810 -21 -009 Motion on Item VI.B. Motion: to Approve Heartland Estates II Final Map and Property Improvement Agreement No. 2016 -01, Tract 101315, Meritage Homes Corp. APN 810 -21 -009 Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 6 -0 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Abstain: Council Member Terri Aulman A. Minutes of the April 18, 2016 Regular Meeting C. Claim of Darin Foreman (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) D. Claim of Elva Hill (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) E. Approval of Circo Hermanos Caballero Circus Event May 6 - May 10, 2016 City Council Meeting Minutes 5/2/2016 F. A Resolution 2016 -23 of the City Council of the City of Gilroy Rescinding Resolution 2009 -17 and Authorizing Officers Who May Conduct Financial Transactions for the City G. A Resolution 2016 -24 of the City Council of the City of Gilroy Authorizing Investment of Monies in the Local Agency Investment Fund Motion on the Consent Calendar Motion: Approve Consent Calendar items A, C, D, E, F, G Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Leroe- Munoz. 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 Adjournment to the Meeting of the Board of Directors of the Gilroy Industrial Development Authority. Roll Call Present: Board Member Terri Aulman; Board Member Dion Bracco; Board Member Daniel Harney; Board Member Leroe- Munoz; Board Member Cat Tucker; Board Member Roland Velasco; Chair Perry Woodward II. CONSENT CALENDAR A. A Resolution of the Board of Directors of the Gilroy Industrial Development Authority Amending Resolution No. 2009 -02 Naming City Officials Authorized to Order Deposits and Withdrawals Motion on Item II.A. Motion: to Adopt A Resolution GIDA 2016 -01 of the Board of Directors of the Gilroy Industrial Development Authority Amending Resolution No. 2009 -02 Naming City Officials Authorized to Order Deposits and Withdrawals Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Board Member Daniel Harney. Vote: Motion carried 7 -0. Yes: Board Member Terri Aulman; Board Member Dion Bracco; Board Member Daniel Harney; Board Member Leroe- Munoz; Board Member Cat Tucker; Board Member Roland Velasco; Chair Perry Woodward Adjournment to the Meeting of the City Council of the City of Gilroy VII. BIDS AND PROPOSALS A. Park Security Patrol Contract Award The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.A. Motion: to Award the Contract in the Amount of $60,000.00 to First Alarm & Security, Inc. Moved by Council Member Terri Aulman, seconded by Mayor Pro Tempore Leroe- Munoz. 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 5/2/2016 4 B. First Street 24" Main Replacement Projects Public Outreach Services Contract Award The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.B. Motion: to Award a Contract in the Amount of $56,864.78 to Caltrop Communications 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 VIII. PUBLIC HEARINGS A. Approval of the Fiscal Year 2016 -2017 Community Development Block Grant (CDBG) Annual Action Plan The staff report was presented by Grants Coordinator Murillo. The public hearing was opened; there being no comment it was then closed. Motion on Item VIII.A. Motion: to Approve the Fiscal Year 2016 -2017 Annual Action Plan Moved by Mayor Pro Tempore Leroe- Munoz, 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 B. Appeal of the Planning Commissions Denial of a Zone Change and Tentative Map Request to Amend the Hecker Pass Specific Plan for a 2.1 Acre Area Located North of Lone Oak Lane and South of Hecker Pass Highway, APN 810 -20 -006, Amending the Designation of the Area from Agri- Tourist Commercial to Residential Cluster and to Subdivide the 6.28 -Acre Lot to Allow for the Construction to of 16 Duet Single- family Homes and 2 Open Space Parcels with Open Fencing and Setback Deviations (Z 16 -01 and TM 15 -05) The staff report was presented by Teri Wisler -Adam, contract Planner. The public hearing was opened. Bette Thomas was called to speak sharing her concerns with the project proposal explaining that her home and the historic integrity of the properties surrounding it would be greatly impacted with the proposal. Lori Parshall resident in the area was called to speak sharing her concerns with the proposal. Phill Laursen was called to speak sharing his opposition to the proposal. Gary George was called to speak sharing his opposition to the zoning change detailing the incompatibility of the clustered development in the entryway into the city. City Council Meeting Minutes 5/2/2016 Susan Mister was called to speak sharing her opposition with the development and describing the degradation of the ethics of the area and retaining the cedar trees. Andreas Olbring was called to speak sharing his request for the fencing to protect Syngenta's floral research. Valerie Egland was called to speak sharing her opposition of the proposal describing the need for input from the city's Parks and Recreation Commission, going on to describe the historic nature of the corridor. Jacobus Swarts was called to speak sharing his opposition to the zoning change describing the area as the jewel of the Gilroy area. Barbara Drewitz was called to speak spoke in opposition to the proposal describing the National Register status of the area. Carolyn Tognetti of Save Open Space was called to speak sharing her opposition of the proposal reading a letter submitted by the committee. Robert Garcia was called to speak sharing his opposition to the proposal asking who would benefit from the development. Connie Rogers was called to speak sharing her opposition to the proposal and suggesting the City adhere to the existing specific plan. Jenny Derry was called to speak sharing her opposition of the proposal and describing the incompatibility of the town homes within the area. Skip Spiering was called to speak as representative of the applicant describing the benefits of the proposal and the pending changes to the view shed and open space with the commercial zoning that was in the adopted specific plan. The public hearing was then closed. Council Members Leroe Munoz, Bracco and Tucker and Mayor Woodward each announced that they had held individual discussions with the project applicant. Motion on Item VIII.B. Motion: to Deny the Appeal of the Planning Commissions Denial of the Applications Z 16 -01 and TM 15 -05 and the amendments related to fencing Moved by Council Member Roland Velasco, 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 The Council took a break at 8:23 p.m. and reconvened at 8:31 p.m. IX. UNFINISHED BUSINESS A. Approval of Memorandum of Understanding With the Miller Red Barn Committee The staff report was presented by Operations Manager Stubchaer. Motion on Item IX.A. Motion: to Accept the Late Received Staff Material finding that good cause has been presented to accept the material Moved by Council Member Daniel Harney, seconded by Mayor Pro Tempore Leroe- Munoz. City Council Meeting Minutes 5/2/2016 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 Public comment was opened. Kathy Chavez was called to speak sharing her thanks to the city for considering the agreement and those volunteers who joined in the cleanout of the barn. Connie Rogers was called to speak sharing the Historical Society's support of the project. Public comment was then closed. Second Motion on Item IX.A. Motion: to Approve a Memorandum of Understanding with the Miller Red Barn Committee Moved by Mayor Pro Tempore Leroe- Munoz, 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 X. INTRODUCTION OF NEW BUSINESS A. Garlic City Casino Request for Additional Tables - Amendment to Gilroy City Code 16.6 -1 (p) "Card Rooms Table Restrictions" The staff report was presented by Captain Espinoza. There were no public comments. Motion on Item X.A. Motion: to Direct Staff to Prepare an Ordinance Amending Gilroy City Code Section 16.6 -1 (p) to Increase the Number of Gambling Tables Operated in the City by Two 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. Review of Gilroy City Code Section 4.22 Entitled "Barking Dogs" The staff report was presented by Captain Espinoza. Public comment was opened. Michele Madrigal was called to speak sharing her support of the amendment to the ordinance. Ron Kirkish was called to speak sharing his concerns with complacency in reporting barking dogs. Public comment was then closed. City Council Meeting Minutes 5/2/2016 1 7 Motion on Item X.B. Motion: to direct Staff to prepare the ordinance amending Gilroy City Code Section 4.22 Entitled "Barking Dogs ". Moved by Council Member Dion Bracco, 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 XI. CITY ADMINISTRATOR'S REPORT There was no report. XII. CITY ATTORNEY'S REPORT There was no report. 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 2805, 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 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 8:59 p.m. WAWNA FREELS, MMC ity Clerk City Council Meeting Minutes 5/2/2016