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.
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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
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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
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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
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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
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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
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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
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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
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