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.
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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.
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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
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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
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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
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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
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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
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