Loading...
Minutes 2016/08/01City of Gilroy City Council Meeting Minutes August 1, 2016 I. OPENING A. Call to Order The meeting was called to order at 6:01 p.m. The pledge of allegiance was led by Council Member Velasco The invocation was given by Pastor Malcolm McPhail of New Hope Community Church. City Clerk Shawna Freels announced that the agenda had been posted on July 27, 2016 at 2:45 p.m. Mayor Woodward announced that Council Member Aulman was ill and would not be attending the meeting. Roll Cal Present: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Absent/Excused: Council Member Terri Aulman B. Orders of the Day Mayor Woodward stated that the Item 10D would be moved up the agenda immediately following the consent calendar, and he then asked to pull item G from the Consent Calendar to be deferred to future meeting. Mayor Pro Tempore Leroe -Munoz asked to pull Consent Calendar Item J for discussion. C. Employee Introductions There were none II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Woodward presented recognition awards to Barbara Granter, Jane Howard and Kat Filice for their efforts in bringing "Lumination" to Gilroy Gardens Family Theme Park Mayor Woodward presented a Proclamation recognizing Sam Bozzo and Gene Sakahara "Sakabozzo ", and naming the month of August 2016 as McDonalds Gilroy Garlic Fries Month and August 1, 2016 McDonalds Gilroy Garlic Fries Day 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 Bruce Morasca was called to speak, and shared details of the family outdoor movie night events being held at the Gilroy Center for the Arts. Captain Heath invited the public to the National Night Out event the following night. City Council Meeting Minutes 8/1/2016 B. Presentation by Sourcewise, Community Resource Solutions for Santa Clara County The presentation was given by Lisa Carabajal Davis. C. Annual Presentation by the Parks & Recreation Commission The presentation was given by Chairperson Garcia and Vice Chair Puente. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco announced the August 11 th Tee Off for Youth golf tournament. Council Member Velasco shared details of the visit with the Sister Cities delegation from Takko Machi, Japan and Tecate, Mexico during their visit for the Garlic Festival. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of the July 1, 2016 Regular Meeting B. Notice of Acceptance of Completion for the Miller Restroom Replacement Project C. Claim of CSAA c/o Nancy McDonald (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) D. Claim of Suzanne Marie Ybarra (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) E. Adoption of an Ordinance 2016 -13 of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 30 "Gilroy Zoning Ordinance" Sections 30.31.25 (b), 30.31.30 and 30.31.60 (e) Pertaining to Off - Street Parking Requirements and the Downtown "Office" Parking Category F. Adoption of an Ordinance 2016 -14 of the City Council of the City of Gilroy Approving Zone Change Z 15 -09 Establishing a Planned Development Zoning Overlay for the Kroeger Project APN's 810 -42 -001 and 810 -72 -036 Filed by Glen Loma Group H. Amendment to the Memorandum of Understanding for Silicon Valley Regional Communications System Between the City of Gilroy and the Silicon Valley Regional Interoperability Authority I. Acceptance of Gilroy Tennis Club Donation of Tennis Court Resurfacing and Installation of Concrete Tables and Benches at Las Animas Veterans Park K. Establishment of Council Subcommittee for City Clerk's Performance Review Motion on the Consent Calendar Motion: to Approve Consent Calendar Items A, B, C, D, E, F, H, I and K. City Council Meeting Minutes 8/1/2016 Moved by Council Member Dion Bracco, no second required. Vote: Motion carried 6 -0 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman J. Temporary Suspension of Recruitment Efforts for the Arts and Culture Commission and Public Art Committee The item was presented by City Administrator Gonzalez. Public comment was opened. Bruce Morasca was called to speak describing the need for all of the members as there was important work to be done. Rebecca Scheel was called to speak explaining that during the Council discussion during the strategic planning session, all of the Commissions were to be reviewed, not just the Arts groups. Public comment was then closed. Motion on Item VI.J. Motion: to Continue to Recruit for Openings on the Arts and Culture Commission and Public Art Committee Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman G. Sixth Amendment to the Single Tenant Lease with Gilroy Gardens Family Theme Park, Inc. The item was pulled from the agenda to be heard at a subsequent meeting. VII. BIDS AND PROPOSALS A. Award of Final Design Contract for 10th Street Bridge Over Uvas Creek and Associated Roadway Project Bid The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.A. Motion: to Award a Contract to Bengal Engineering in the Amount Not to Exceed $1,830,089.00 and Establish a Project Design Contingency Amount of $274,513.00, return to the Council with a design and analysis and conduct public outreach before the item returns to Council. Moved by Council Member Roland Velasco, seconded by Mayor Pro Tempore Peter Leroe- Munoz. Vote: Motion carried 4 -2 -1. Yes: Council Member Dion Bracco; Mayor Pro Tempore Peter Leroe- Munoz; Council Member Roland Velasco; Mayor Perry Woodward No: Council Member Daniel Harney; Council Member Cat Tucker Absent: Council Member Terri Aulman B. Contract Amendment for Well No. 7 Refurbishment City Council Meeting Minutes 8/1/2016 0 The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.B. Motion: to Award a Contract to NV5, Inc. in the Amount Not to Exceed $135,000.00 and Establish a Project Contingency Amount of $20,250.00 Moved by Council Member Cat Tucker, seconded by Council Member Daniel Harney. Vote: Motion carried 6 -0 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe - Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman VIII. PUBLIC HEARINGS A. Adoption of the 2015 Urban Water Management Plan The staff report was presented by Operations Manager Stubchaer. The public hearing was opened; there being no comments, it was then closed. Motion on Item VIII.A. Motion: to Adopt a Resolution 2016 -41 of the City Council of the City of Gilroy Adopting the 2015 Urban Water Management Plan Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman B. Public Hearing to Consider the Report of Abatement of Weeds and Refuse Within the City of Gilroy and Confirming the Imposition of Assessment Liens Against the Land The staff report was presented by Fire Marshal Bretschneider. The public hearing was opened. Sebastian Valencia was called to speak explaining that they were being charged but had not failed an inspection in 5 years and should not be assessed a fee. Mr. Valencia spoke asking how often the weeds needed to be abated once they had re-grown. The public hearing was then closed. Motion on Item VIII.A. Motion: to Adopt a Resolution 2016 -42 of the City Council of the City of Gilroy Confirming the Report of the Chief of the Fire Department Setting Forth the Description of the Property, Naming the Owner's Thereof, and Confirming the Costs of Abating the Nuisance Caused by the Growing of Weeds and Accumulation of Refuse and Providing that Such Costs Shall Constitute Assessments Against the Land Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Peter Leroe- Munoz. Vote: Motion carried 4 -2. Yes: Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Perry Woodward City Council Meeting Minutes 8/1/2016 No: Council Member Dion Bracco; Council Member Roland Velasco Absent: Council Member Terri Aulman IX. UNFINISHED BUSINESS There was none. X. INTRODUCTION OF NEW BUSINESS A. Gilroy Tourism Business Improvement District Renewal The staff report was presented by City Administrator Gonzalez. There were no public comments. Motion on Item X.A. Motion: to Adopt Resolution 2016 -43 of the City Council of the City of Gilroy Declaring Its Intention to Renew the Gilroy Tourism Business Improvement District and Appointing a Time and Place for a Public Meeting and Public Hearing Thereon and Giving Notice Thereof Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman B. Modifications to Chapter 27 of the Gilroy City Code, Article VI "Water Supply Shortage Regulations" and Declaration of Level 1 Water Supply Shortage Conditions The item was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item X.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -1 -1. Yes: Council Member Dion Bracco; Mayor Pro Tempore Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward No: Council Member Daniel Harney Absent: Council Member Terri Aulman City Clerk Freels read the ordinance title. Second Motion on Item X.B. Motion: to Introduce an Ordinance of the City Council of the City of Gilroy Declaring the Existence of Level 1 Water Supply Shortage Moved by Council Member Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion carried 4 -2 -1. Yes: Council Member Dion Bracco; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward No: Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe -Munoz Third Motion on Item X.B. Motion: to Adopt a Resolution 2016 -44 of the City Council of the City of Gilroy Declaring the Existence of Level 1 Water Supply Shortage Moved by Council Member Cat Tucker, seconded by Council Member Dion City Council Meeting Minutes 8/1/2016 M Bracco. Vote: Motion carried 4 -2 -1. Yes: Council Member Dion Bracco; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward No: Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe -Munoz Absent: Council Member Terri Aulman C. Memorandum of Understanding With the Gilroy Police Officers Association and Approval of Salary Schedules for the Period of July 1, 2016 Through June 30, 2018 The staff report was presented by Human Resources Director McPhillips. Motion on Item X.C. Motion: to Adopt a Resolution 2016 -45 of the City Council of the City of Gilroy Establishing the July 1, 2016 and July 1, 2017 Salary Schedules for Personnel Represented by the Gilroy Police Officers Association Moved by Council Member Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman D. Discussion of Purchasing Carbon -Free Renewable Energy from Silicon Valley Clean Energy Authority Council Member Harney presented the item. Mr. Haboshi of Silicon Valley Clean Energy Authority further presented the item. There were no public comments. Motion on Item X.D. Motion: to direct staff to evaluate the proposal in time for the next fiscal year budget workshop. Moved by Council Member Roland Velasco, seconded by Mayor Pro Tempore Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman XI. CITY ADMINISTRATOR'S REPORT There was none. XII. CITY ATTORNEY'S REPORT There was none. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITAGATION Pursuant to California Government Code Section 54956.9(d) (1) and Gilroy City Code Section 17A.11 (3) (a) Name of Case: AMG & Associates, Inc. v. City of Gilroy et al. Court: Santa Clara County Superior Case No.: 16CV297559 City Council Meeting Minutes 8/1/2016 1 7 Date Case Filed: July 13, 2016 Acting City Attorney explained that the Council was adjourning to Closed session on Item XIII.A. as discussion of the item in open session would unavoidably prejudice the City's position in the case. B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7500/ 7510 Monterey Street, Gilroy, APN 841 -05 -054 (Gilroy Billiards Building) Negotiators: Gabriel Gonzalez, City Administrator; Rick Smelser, Public Works Director Other Party to Negotiations: Jafar & Nasrin Kangarloo, Trustees Under Negotiations: Price and Terms of Payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 251 Old Gilroy Street, Gilroy, APN 841 -08 -033 (Fellom Plumbing) Negotiators: Gabriel Gonzalez, City Administrator; Rick Smelser, Public Works Director Other Party to Negotiations: Robert L & Carol Fellom, Trustees Under Negotiations: Price and Terms of Payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7491 Railroad Avenue, Gilroy, APN 841-06-001 (Creamery Building) Negotiators: Gabriel Gonzalez, City Administrator; Rick Smelser, Public Works Director Other Party to Negotiations: Lynette M. Hill, Trustee Under Negotiations: Price and Terms of Payment E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: Northeast Corner of Santa Teresa Boulevard at Third Street, APN 808 -01- 016 Negotiators: Gabriel Gonzalez, City Administrator; Rick Smelser, Public Works Director Other Party to Negotiations: Howson Trust, Roberta Hughan, et al, Trustee Under Negotiations: Price and Terms of Payment Motion to Adjourn to Closed Session Motion: Approve to adjourn to closed session Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward Absent: Council Member Terri Aulman The Council adjourned to closed session at 8: 511 City Council Meeting Minutes 8/1/2016