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Minutes 2016/06/06I City of Gilroy City Council Meeting Minutes June 6, 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 Mayor Pro Tempore Leroe- Munoz. 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 June1, 2016 at 11:30 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 Mayor Woodward asked that the Council pull Item VI. B from the consent calendar, at the request of the developer. C. Employee Introductions There were none. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Woodward presented the proclamation recognizing the Gilroy Relay for Life Event June 25 -26, 2016 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. Library Commission Annual Presentation to Council The report was presented by Commission Chair Carol Smith. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker spoke on the Welcome Center Board meeting announcing that a new Chair and Vice Chair were selected, the lease for the Welcome Center had just been renewed, and the TBID and welcome center budgets were approved. She concluded by sharing that the website had an increase of visitors of 28% and the walk in customer volume was also up. Council Member Harney thanked everyone who had participated in the downtown wine stroll, and then spoke on the city website update regarding the Santa Clara Valley Clean Energy Authority. He concluded by explaining that the new Clean Energy Authority CEO had been hired and the customer options were being selected. City Council Meeting Minutes 6/6/2016 Council Member Velasco shared the date for the annual Sister Cities Association fundraiser and he then spoke on the movie release event in Monterey for the locally produced movie "the biggest game in town ". Mayor Pro Tempore Leroe -Munoz spoke on the SVRIA meeting and the build out of the receiver site location in Gilroy Mayor Woodward announced that the Envision Silicon Valley improvement project under VTA sharing the variety of highway and other transportation improvements under the plan, explaining that the Board had unanimously approved the 1/2 cent sales tax on the November ballot. Council Member Aulman spoke on the Gilroy Gardens display for the Chinese lantern festival, announcing that a VIP event was planned at the Gardens on July 15th. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pro Tempore Leroe -Munoz spoke on a request for traffic patrol in Eagle Ridge, asking if the City Council would be willing to agenize the item at a future meeting. Mayor Woodward recused himself from discussions on the request explaining that his home was located in Eagle Ridge. He then left the dais. As staff indicated that the subject was an action item from the Strategic Plan Session, the Council agreed to move this item up in the queue to be heard at a Council meeting in the near future. Mayor Woodward returned to the dais. VI. CONSENT CALENDAR A. Minutes of the May 16, 2016 Regular Meeting B. Utility Easement Agreement With Pacific Gas and Electric Co. (PG &E) for a Portion of a City Parcel Located at 7400 Railroad Street; APN 841 -06 -025 C. A Resolution 2016 -29 of the City Council of the City of Gilroy Adopting the City of Gilroy Appropriations Limit for Fiscal Year 17 E. Hecker Pass -Hoey South Final Map for Tract 10279; APN's 810 -20 -011, 810- 20 -013 and 810 -20 -004 Motion on the Consent Calendar Motion: to Approve Items A, B, C, and E 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 D. Property Improvement Agreement No. 2016 -03 for the Santa Teresa /Ballybunion/ Luchessa Roundabout and Class I Trail, Glen Loma Corporation; Adjacent to APN 808 -18 -018 City Council Meeting Minutes 6/6/2016 1 The item was pulled from the agenda during orders of the day. VII. BIDS AND PROPOSALS A. Agreement for Third Party Workers Compensation Claims Administration Services The staff report was presented by Human Resources Director McPhillips. There were no public comments. Motion on Item VII.A. Motion: to Award the Agreement to Innovative Claims Solutions, Inc. for Third Party Workers Compensation Claims Administration Services Moved by Council Member Terri Aulman, 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 B. Contract for Pavement Striping, Pavement Markers and Object Marker Installation and Maintenance, Project 16- RFP -PW -389 The staff report was presented by Traffic Engineer Servin. There were no public comments. Motion on Item VII.B. Motion: to Award the Contract for Project 16- RFP -PW -389 to Chrisp Company, Inc. in an Amount not to Exceed $170,000.00 Moved by Council Member Terri Aulman, 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 VIII. PUBLIC HEARINGS A. Water Public Health Goal Notification 2013 -2015 The staff report was presented by Operations Manager Stubchaer. The public hearing was opened. Ron Kirkish was called to speak explaining that the numbers were very, very small, but the constituent in the water was a known carcinogenic. There being no further comments, the hearing was then closed. Motion on Item VIII.A. Motion: to Approve 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 B. A Resolution of the City Council of the City of Gilroy Amending Gilroy City Code Sections 30.50.60 (b) (2) k. and 30.50.60 (b) (2) I., RDO Interim City Council Meeting Minutes 6/6/2016 4 Exemptions, to Extend the date by Which Planning Applications Must be Submitted and Deemed Complete for Processing and Establishing the Allocation of Residential Dwelling Units Under These Sections The staff report was presented by Interim Planning Manager Tolentino. The public hearing was opened; there being no comments it was then closed. Motion on Item VIII.B. Motion: to Adopt a Resolution 2016 -30 of the City Council of the City of Gilroy Amending Gilroy City Code Sections 30.50.60 (b) (2) k. and 30.50.60 (b) (2) I., RDO Interim Exemptions, to Extend the date by Which Planning Applications Must be Submitted and Deemed Complete for Processing and Establishing the Allocation of Residential Dwelling Units Under These Sections Moved by Council Member Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Mayor Pro Tempore Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward No: Council Member Daniel Harney IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Chapter 16 of the Gilroy City Code Entitled "Offenses - Miscellaneous" by Amending Section 16.6 -1 Pertaining to the Number of Permitted Tables at the Garlic City Cardroom There were no public comments. Motion on Item IX.A. Motion: to Adopt Ordinance 2016 -10 of the City Council of the City of Gilroy Amending Chapter 16 of the Gilroy City Code Entitled "Offenses - Miscellaneous" by Amending Section 16.6 -1 Pertaining to the Number of Permitted Tables at the Garlic City Cardroom Moved by Council Member Dion Bracco, 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 B. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Chapter 4, Article III of the Gilroy City Code "the Animal Control Ordinance" to Clarify the Criteria for Barking Dog Violations There were no public comments. Motion on Item IX.B. Motion: to Adopt Ordinance 2016 -11 of the City Council of the City of Gilroy Amending Chapter 4, Article III of the Gilroy City Code "the Animal Control Ordinance" to Clarify the Criteria for Barking Dog Violations 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 City Council Meeting Minutes 6/6/2016 5 C. Presentation on South County Cold Weather Shelter Program Changes The presentation was given by HCD Grants Coordinator Murillo. There were no public comments. Motion on Item IX.C. Motion: to Receive the Report Moved by Council Member Dion Bracco, 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. Mid -Cycle Budget Fiscal Year 2016 -2017 - Proposed $2.5 Million Budget Amendment for City -wide Pavement Preservation The staff report was presented by Operations Manager Stubchaer. Public comment was opened. Ron Kirkish was called to speak sharing the use of the general fund reserves and stating that other proposals would be sacrificed. Bob Sigala was called to speak asked if the funding for 1st street repairs should come from the State as it was a state highway. He then spoke on the creation of pot holes due to the amount of truck traffic on the road. Public comment was closed. Motion on Item IX.D. Motion: to Approve a $2.5 Million Budget Amendment for City -wide Pavement Preservation and approving the one time draw from the general fund reserves to the streets fund. Moved by Council Member Dion Bracco, 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 X. INTRODUCTION OF NEW BUSINESS A. Consideration of Proposed Revisions to the Unreinforced Masonry (URM) Ordinance The staff report was presented by Interim Development Center Manager O'Strander. Public comment was opened. Gary Walton was called to speak and shared a recent letter of support from the Gilroy Downtown Business Association. He then spoke on the strides made with the URM buildings in the downtown and recommended the City consider a 100% cash bond and allow the developer to draw down on the bond as the work was being done. He then thanked staff for working on the proposal. Jose Montes was called to speak sharing the support from staff in making the URM retrofit process work more effectively. He then spoke on the future use of the Dick Bruhn's building and reduction of homeless encampments in the dilapidated URM City Council Meeting Minutes 6/6/2016 M buildings. Public comment was then closed. Motion on Item X.A. Motion: to Direct Staff to Prepare a Revision to the URM Ordinance with the recommendation for a draw down with cash. Moved by Council Member Dion Bracco, 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 B. Cities Association of Santa Clara County Regional Recommendation to Raise Minimum Wage The report was presented by Mayor Pro Tempore Leroe- Munoz. Public comment was opened. Erin Gil was called to speak describing the negative fiscal impacts on the local agriculture businesses with the proposed fast tracking of the minimum wage. He then read a letter from Uesugi Farms detailing the additional costs to the company the proposal would have. He concluded by asking the Council to not support the recommendation. Sally Armendariz was called to speak asking the Council to support the Cities Association recommendation. She spoke on the need for a living wage and the costs of living in Gilroy explaining that workers should not be classified by making less than others doing the same job. She concluded by asking for Council support of the recommendation. Lizette Ortiz was called to speak sharing her support of the minimum wage increase recommendation and asked the Council to consider the student parents in the community who had difficulties in supporting their families. She spoke on the costs for agricultural companies to run their businesses and the need for field workers to have a living wage and concluded by describing the increases in Gilroy home prices. Robert Sigala was called to speak sharing his prior work and input to increase the minimum wage, and the need for a regional approach. He spoke on the need for an increased wage for the entry level worker and the wage increase scenario as it had been proposed. Don Hordness was called to speak describing the need for a profit return for agriculture companies and the increase of competitive out of country produce. He detailed the wages and benefits for his employees and asked that the city consider following the state recommendations. Eric Gebhardt was called to speak explaining that jobs were killed with the increased minimum wage increases as the jobs would be cut to maintain the business plan and business would be doing a lot more with a lot less. He spoke on the lodging business and the rate differences in Gilroy versus those further north in the county and the position the Gilroy hotels would be put in to maintain their business model income. Barb Granter of Gilroy Gardens was called to speak detailing the suggested increase would need to be planned for by local business in 3 years as opposed to in 6 years. She explained that the increase would impact 95% of her staff at Gilroy Gardens City Council Meeting Minutes 6/6/2016 detailing the business changes that would need to be made to maintain financial stability. Mark Turner of the Chamber of Commerce was called to speak explaining the impacts on business with the State mandated increase in 6 years and impacts to the consumer with a much quicker increase, as jobs would be cut, hours would be reduced and prices would go up and compaction in salaries would take place. He explained that the regional approach would affect jobs in the entire county and further detailed the additional overhead impacts of raising the wage including SS, Fed Tax, business insurances based on payroll and he then asked Council to not support the proposal. Elly Matsumura of Silicon Valley Rising was called to speak shared her support of the increased minimum wage to pursue a middle class community. She spoke on the net salary increase and net job loss stating that workers who were paid more would spend more and would be more productive. She concluded by asking for the Council's consideration of the proposal. Jesus Bacerra was called to speak explaining that the increase of 2 years would allow families in his neighborhood to stay in Gilroy as people could not afford the cost of living and moved out frequently. He explained that several families were living in one home just to make ends meet and concluded by asking the Council to support the recommendation. Ron Kirkish was called to speak explaining that the agriculture businesses would leave the area with the expedited increase as they needed to maintain their profits, which would cause for a loss of local jobs. He then spoke on the impacts to the city and other businesses that hired youth. Public comment was then closed. Motion on Item X. B. Motion: to send a clear message to the Cities Association that the City of Gilroy is not in favor of the expedited timeline to increase the minimum wage. Moved by Council Member Roland Velasco, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Council Member Cat Tucker; Council Member Roland Velasco No: Mayor Pro Tempore Leroe- Munoz; Mayor Perry Woodward XI. CITY ADMINISTRATOR'S REPORT XII. CITY ATTORNEY'S 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, Human Resources Director Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions City Council Meeting Minutes 6/6/2016 1.1 Memorandum of Understanding: Between the City of Gilroy and 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, Human Resources Director; Charles Sakai, Labor Negotiations Counsel Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: Between the City of Gilroy and Gilroy Police Officers Assn. Inc. Possible Actions: The Council adjourned to closed session at 8:55 p.m. SHAKWA FREEL 'g, MMC City Clerk City Council Meeting Minutes 6/6/2016 1 1