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Minutes 2016/06/201 City of Gilroy City Council Meeting Minutes June 20, 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 Velasco. The invocation was given by Bishop Glen Saul of the Church of Jesus Christ of Latter Day Saints. City Clerk Shawna Freels reported that the agenda had been posted on June 15, 2016 at 11:30 a.m. Mayor Woodward announced that Council Member Harney was participating in the meeting from a remote location. Roll Call Present: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Roland Velasco; Mayor Perry Woodward Absent/Excused: Council Member Terri Aulman; Council Member Cat Tucker B. Orders of the Day Mayor Woodward explained that item VI. D. would need to be removed from consent and voted on separately due to changes in the resolution. C. Employee Introductions There were none. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations There were none. 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 There were no public comments. B. Annual Presentation by the Housing Advisory Committee The presentation was given by Chair Toby Echelberry. IV. REPORTS OF COUNCIL MEMBERS Council Member Harney spoke on the Silicon Valley Clean Energy Authority Board actions for user rates and he then spoke on the VTA power transit service broker changes. Mayor Pro Tempore Leroe- Munoz spoke on the red tape to red carpet awards City Council Meeting Minutes 6/20/2016 through the Silicon Valley Leadership Group which highlighted innovative ideas. He then explained that the Cities Association had endorsed the VTA ballot measure for transportation being placed on the November ballot. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of the June 6, 2016 Regular Meeting 1 B. Letter of Support of Senate Bill 1386 Policy for Protecting and Managing Natural and Working Lands; and Senate Bill 1317 Establishing Requirements to Protect Aquifers C. Notice of Acceptance of Completion of Gilroy /Morgan Hill Trunk Sewer Replacement Project No. 14 -PW -208 Motion on the Consent Calendar Motion: to Approve Consent Calendar Items A, B, C Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman; Council Member Cat Tucker D. Resolution 2016 -31 of the City Council of the City of Gilroy Setting the Tax Rate for Fiscal Year 2016 -2017 with Respect to General Obligation Bonds for the Gilroy Community Library Project Motion on Item VI.D. Motion: to Approve Resolution 2016 -31 of the City Council of the City of Gilroy Setting the Tax Rate for Fiscal Year 2016 -2017 with Respect to General Obligation Bonds for the Gilroy Community Library Project, as amended. Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman; Council Member Cat Tucker VII. BIDS AND PROPOSALS A. Award of Contract for Regulatory Sign Inventory and Retroreflectivity Assessment; Project No. 16- RFP -PW -390 The staff report was presented by Transportation Engineer Servin. There were no public comments. Motion on Item VII.A. Motion: Approve Motion to Award Contract in the Amount of $69,807.00 to Safety Networks, Inc. Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro City Council Meeting Minutes 6/20/2016 Tempore Leroe- Munoz; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman; Council Member Cat Tucker VIII. PUBLIC HEARINGS A. Consideration of the Placement of Property Liens for Non - payment of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy The staff report was presented by Interim Finance Director Voss. The public hearing was opened; there being no comments, it was then closed. Motion on Item VIII.A. Motion: to accept the late staff report that was presented at the meeting. Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman; Council Member Cat Tucker Second Motion on Item VIII.A. Motion: to Adopt a Resolution 2016 -32 of the City Council of the City of Gilroy Regarding Imposition of Special Assessment Liens for the Costs of Delinquent Garbage, Rubbish and Refuse Collection Services for Certain Properties Located in Gilroy Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Leroe- Munoz. Vote: Motion carried 5 -0. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman; Council Member Cat Tucker B. Introduction of an Ordinance Amending Article 6 of Chapter 6 of the Gilroy City Code Entitled "Seismic Safety" The staff report was presented by Interim Development Center Manager O'Strander The public hearing was opened; there being no comments, it was then closed. Motion on Item VIII.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading Motion: Approve Motion to Introduce an Ordinance Amending Article 6 of Chapter 6 of the Gilroy City Code Entitled "Seismic Safety" Section 6.48 "Change of Occupancy" Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Leroe - Munoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman; Council Member Cat Tucker City Clerk Freels read the ordinance title. Motion on Item VIII.B. Motion: to Introduce an Ordinance Amending Article 6 of Chapter 6 of the Gilroy City Council Meeting Minutes 6/20/2016 4 City Code Entitled "Seismic Safety" Section 6.48 "Change of Occupancy" Moved by Council Member Dion Bracco, seconded by Mayor Pro Tempore Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman; Council Member Cat Tucker IX. UNFINISHED BUSINESS There was none. X. INTRODUCTION OF NEW BUSINESS 1 A. A Resolution of the City Council of the City of Gilroy Calling the November 8, 2016 General Municipal Election for Municipal Offices, Requesting the Santa Clara County Board of Supervisors to Consolidate With the General Election to be Held November 8, 2016 Pursuant to California Elections Code Section 10403 and Requesting Services of the Registrar of Voters The staff report was presented by City Clerk Freels. There were no public comments. Motion on Item X.A. Motion to Adopt Resolution No. 2016 -33 of the City Council of the City of Gilroy Calling the November 8, 2016 General Municipal Election for Municipal Offices, Requesting the Santa Clara County Board of Supervisors to Consolidate With the General Election to be Held November 8, 2016 Pursuant to California Elections Code Section 10403 and Requesting Services of the Registrar of Voters Vote: Motion carried 5 -0 -2. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman; Council Member Cat Tucker B. A Resolution of the City Council of the City of Gilroy, California, Accepting the Certification of the City Clerk as to the Sufficiency of the Initiative Petition Entitled "Gilroy Urban Growth Boundary Initiative" and Ordering an Elections Code Section 9212 Report The staff report was presented by City Clerk Freels. Public comment was opened. Connie Rogers was called to speak asking Council to adopt the initiative after the 9212 report was completed, explaining the efficiency and cost savings of the proposal. Ron Kirkish was called to speak sharing his opposition to the initiative and issues surrounding the adoption of it related to restricting financial growth of the community. He then asked the Council to place the item on the ballot. Public comment was then closed. Motion on Item X.B. Motion: to Adopt a Resolution 2016 -34 to Accept the Certificate of Sufficiency of the City Clerk Regarding the Gilroy Urban Growth Boundary Initiative Petition; and to Order Pursuant to Elections Code Section 9215 an Elections Code Section 9212 Report, Which is Currently in Process, to be Submitted to the City City Council Meeting Minutes 6/20/2016 5 Council at a Meeting no Later Than 30 Days from June 20, 2016 Moved by Council Member Dion Bracco, seconded by Council Member Roland Velasco. Vote: Motion carried 5 -0 -2. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman; Council Member Cat Tucker C. Update on Roundabout Street Intersections The staff report was presented by Transportation Engineer Servin. There were no public comments. Motion on Item X.C. Motion: Approve Receive the Report Moved by Mayor Pro Tempore Leroe- Munoz, seconded by Council Member Roland Velasco. Vote: Motion carried 5 -0 -2. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Leroe- Munoz; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman; Council Member Cat Tucker XI. CITY ADMINISTRATOR'S REPORT XII. CITY ATTORNEY'S REPORT XIII. CLOSED SESSION The Council adjourned at 7:05 p.m. to view a tiny house display in the parking lot which the Housing Advisory Committee had spoken on earlier in the meeting. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Three (3) Properties Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7491 Railroad Street, Gilroy, CA., APN 841 -60 -001 Negotiators: Gabriel Gonzalez, City Administrator and Rick Smelser, Public Works Director Other Party to Negotiations: David Horspool Under Negotiations: Price and Terms of Payment Property: 251 Old Gilroy Street, Gilroy, CA., APN 841 -08 -033 Negotiators: Gabriel Gonzalez, City Administrator and Rick Smelser, Public Works Director Other Party to Negotiations: Robert L & Carol Fellom Under Negotiations: Price and Terms of Payment Property: 7500/7510 Monterey Street, Gilroy, CA,; APN 841 -05 -054 Negotiators: Gabriel Gonzalez, City Administrator and Rick Smelser, Public Works Director Other Party to Negotiations: Kangarloo & Nasrin Jafar, Trustee Under Negotiations: Price and Terms of Payment 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 City Council Meeting Minutes 6/20/2016 Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: Between the City of Gilroy and Gilroy Police Officers Assn. Inc. C. 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 Memorandum of Understanding: Between the City of Gilroy and Gilroy Firefighters Local 2805 The Council adjourned to Closed Session at 7:25 p.r City Clerk City Council Meeting Minutes 6/20/2016 1 1