Minutes 2016/09/12I
City of Gilroy
City Council Meeting Minutes
September 12, 2016
I. OPENING
A. Call to Order
The meeting was called to order at 6:02 p.m.
Mayor Woodward explained that the power had gone out and the camera system
had stopped working, which had caused a delay in the start of the meeting. He
further explained that there would be an audio recording of the meeting.
The pledge of allegiance was led by Council Member Bracco.
The invocation was given by Reverend Brocato of St. Mary Church.
City Clerk Shawna Freels announced that the agenda had been posted on
September 7, 2016 at 11:00 a.m.
Roll Call
Present: Council Member Terri Aulman; 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
B. Orders of the Day
There were no agenda changes.
C. Employee Introductions
Public Works Director Smelser introduced newly hired Maintenance Worker Mark
Estrella and two part time Maintenance Worker Assistants Jacob Lund and Lewis
Matrick.
Recreation Director De Leon introduced newly hired part time recreation employees
Kaitlin Ledesmick and Melinda Schoepe.
II. CEREMONIAL ITEMS
A. Proclamations, Awards and Presentations
Mayor Woodward presented a certificate to Transportation Engineer Servin in
recognition of his service to the city.
I. INTERVIEWS
A. Interviews for Six (6) Seats on the Youth Commission, Two (2) Seats on the
Arts and Culture Commission and Two (2) Seats on the Housing Advisory
Committee
The Council interviewed all present applicants.
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
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There were no public comments.
B. Historic Heritage Committee Annual Presentation to Council
The presentation was given by Chair Toby Echelberry.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Harney spoke on the VTA Policy Advisory Committee's recent
approval of $5.5 million to fund repairs on First Street.
Council Member Velasco spoke on the Water District goals in protecting and
providing higher quality water.
Mayor Pro Tempore Leroe -Munoz spoke on the Cities Association's position on
various ballot measures including proposition 57, which the Association was in
oppositicn to.
Mayor Woodward spoke on the repair of First Street and the processes being
undertaken with Caltrans as the street was a state highway. He described the
proposal of a VTA loan to the city to repair the street, and goals in negotiating with
Caltrans for proper funding.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Velasco suggested that the Council consider institutionalizing a
section in council staff reports on the impacts of developments to the school district.
The Council agreed to agendize the item.
Mayor Pro Tempore Leroe -Munoz asked that the Council consider agendizing a
Resolution in opposition to Proposition 57 on the November 8, 2016 ballot.
The Council agreed to agendize the item.
VI. CONSENT CALENDAR
A. Minutes of the August 15, 2016 Regular Meeting
B. Claim of Cheryl Connelly (the City Administrator Recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
C. Claim of Teodoro Martinez, III (the City Administrator Recommends a "yes"
vote under the Consent Calendar shall constitute the denial of the claim)
D. Claim of Yolanda Mireles and Jeremiah Gonzalez (the City Administrator
Recommends a "yes" vote under the Consent Calendar shall constitute the
denial of the claim)
E. Claim of Jaoquina Soulia (the City Administrator Recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
F. Claim of Juan Trejo (the City Administrator Recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
G. Approval of the Installation of a Stop Sign at the Intersection of San Justo
Road and Miller Avenue
H. Approval of the 2017 City Council Meeting Schedule
Motion on the Consent Calendar
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Motion: to Approve Consent Calendar Items A, B, C, D, E, F, G and H
Moved by Mayor Pro Tempore Peter 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 Peter Leroe- Munoz; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward
VII. BIDS AND PROPOSALS
A. Approval of Consultant Contract for the Preparation of a Comprehensive
Evaluation of Development Services and Organizational Review of the
Community Development Department
The staff report was presented by Development Center Manager Abrams.
There were no public comments.
Motion on Item VII.A.
Motion: to Award the Consultant Contract to Management Partners, Inc.
Moved by Council Member Daniel Harney, 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 Peter Leroe- Munoz; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward
VIII. PUBLIC HEARINGS
A. Fiscal Year 2015 -2016 Community Development Block Grant (CDBG)
Consolidated Annual Performance and Evaluation Report
The staff report was presented by Grants Coordinator Murillo.
The public hearing was opened, there being none it was then closed.
Motion on Item VIII.A.
Motion: to Approve the Fiscal Year 2015 -2016 (Program Year 2015)
Consolidated Annual Performance and Evaluation Report
Moved by Mayor Pro Tempore Peter 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 Peter Leroe- Munoz; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward
IX. UNIFINISHED BUSINESS
A. City of Gilroy Intention to Renew the Gilroy Tourism Business Improvement
District and to Levy and Collect Assessments Therein
The staff report was presented by City Administrator Gonzalez.
There were no public comments.
B. Appointment of New Members to the Arts and Culture Commission and
Housing Advisory Committee
Motion on Item IX.B.
Motion: to Appoint Quency Phillips and Elizabeth Bertolone to the Housing
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Advisory Committee and Postpone the Appointments to the Arts and Culture
Commission Until the October 3, 2016 Meeting.
Vote: Motion carried 7 -0.
Yes: Council Member Terri Aulman; 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: City Administrator Gabriel Gonzalez; Acting City Attorney Andy Faber
B. Appointment of New Members to the Arts and Culture Commission and to
the Housing Advisory Committee
X. INTRODUCTION OF NEW BUSINESS
A. Eagle Ridge Homeowners Association Request for Traffic Patrol
Mayor Woodward recused from deliberations on the item disclosing that his
residence was within Eagle Ridge; he then left the dais.
The staff report was presented by City Administrator Gonzalez.
Public comment was opened.
Hussein was called to speak sharing details of the traffic issues at Eagle Ridge and
the inabi ity for the Home Owners Association to enforce speeding and other traffic
violations. He asked that the Police Department provide periodic traffic patrol within
the Homeowners Association stating that it would change the behavior of drivers.
Fran Plummer was called to speak sharing her concerns with vandalism in the Eagle
Ridge community because people were aware there was no police patrol of the
area.
Al Morgan was called to speak sharing his concerns with traffic in the area stating
that the Home Owners Association was not asking for anything special that wasn't
provided to other residential neighborhoods of the city.
Brent Jenkins was called to speak sharing his concerns with traffic and asked the
Council to direct police staff to begin patrolling Eagle Ridge.
Jack Bassett was called to speak sharing his experiences with traffic during the
commute hours with youth and pedestrians. He explained that the streets could be
improved to reduce speeding, and stated that police patrol was needed.
Steve Garcia was called to speak stating that the Eagle Ridge residents were just
looking for a police presence to discourage people from speeding.
Martin Celusnak was called to speak describing the issues in Eagle Ridge with
speeding and running stop signs.
Mel Rodinsky was called to speak describing the need for police patrol in Eagle
Ridge explaining that his vehicle had been broken into as criminals were aware that
there was no police patrol.
Arnold Flores was called to speak describing the need for police patrol in Eagle
Ridge and stating that his wife had recently been in an accidently in Eagle Ridge.
Holly Burriesci was called to speak and explained that she lived in Eagle Ridge and
thought that a survey should be done as she had only witnessed self - regulation of
the traffic laws and people driving well below the speed limit.
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Paul Covello was called to speak describing the need for patrol to limit the number of
speeders in Eagle Ridge.
Chris Margason was called to speak sharing his position as security in Eagle Ridge.
He went on to describe his experiences with people driving in the area explaining
that they believed they didn't need to follow traffic laws once they were in the gate.
Kathy Blaschke was called to speak describing her concerns with speeders and
people running stop signs stating that she had documented the issue for several
years.
Perry Woodward was called to speak stating that there was a unique issue in Eagle
Ridge and police patrol was needed.
Nicholas Jost was called to speak stating that he didn't believe police services
should be taken from other areas of the city where it was much more needed.
Betty Vaca was called to speak stating that her yard had been damaged twice by
speeding drivers and she had to be very cautious when entering or leaving her
driveway.
Public comment was closed.
Motion on Item X.A.
Motion: to Provide Direction to Staff to temporarily take option 3 and prepare a
resolution allowing for the patrol of Eagle Ridge until option 4 the
comprehensive traffic study is completed, with the resolution termination date
to coincide with the traffic study.
Moved by Council Member Daniel Harney, seconded by Council Member
Roland Velasco.
Vote: Motion carried 6 -0 -1.
Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council
Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Council
Member Cat Tucker; Council Member Roland Velasco
Absent: Mayor Perry Woodward
Mayor Woodward returned to the dais.
B. Reimbursement Agreement With California High Speed Rail
The staff report was presented by Traffic Engineer Servin.
There were no public comments.
Motion on Item X.B.
Motion: to Approve a Reimbursement Agreement with California High Speed
Rail in an Amount Not to Exceed $400,000.00
Moved by Mayor Pro Tempore Peter Leroe- Munoz, 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 Peter Leroe- Munoz; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward
C. Report on Unmanned Aerial Vehicle (Drone) Regulations
Captain Svardal presented the staff report.
Public comment was opened.
Brent Jenkins was called to speak suggesting that the council take their time in
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enacting regulations and not be too restrictive.
Public comment was then closed.
The Council gave direction to Staff to bring back three sample ordinances: higher
regulations, mid -level regulations and very little regulation.
D. Consideration of Participating in Silicon Valley Clean Energy Authority
Guaranty Contribution
The staff report was presented by City Administrator Gonzalez.
Public comment was opened; there being none, it was then closed.
Motion on Item X.D.
Motion: to Direct Staff to Proceed with Participation in the Silicon Valley Clean
Energy ;authority Guaranty Contribution
Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council
Member Daniel Harney.
Vote: Motion carried 6 -1.
Yes: Council Member Terri Aulman; Council Member Daniel Harney; Mayor Pro
Tempore Peter Leroe- Munoz; Council Member Cat Tucker; Council Member
Roland Velasco; Mayor Perry Woodward
No: Council Member Dion Bracco
XI. CITY ADMINISTRATOR'S REPORT
There was no report.
Mayor Pro Tempore Peter Leroe -Munoz was called to speak asking that the council
consider agendizing a resolution in support of Measure A for homelessness and
temporary housing.
The Council agreed to agendize the item.
XII. CITY ATTORNEY'S REPORT
There was no report.
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
Date Case Filed: July 13, 2016
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8
(a) (2)
Property: 3050 Hecker Pass Highway, APN's 783 -05 -011; 783 -05 -012; 783 -05-
013;810 -17 -014; 810 -17 -015; 810 -17 -021; 810 -17 -024; 810 -17 -025; 810 -17 -026;
810 -17 -029; 810 -18 -002; 810 -18 -010; 810 -18 -011; 810 -19 -005; 810 -19 -007; 810 -19-
010; 810 -19 -011; 810- 19- 014(Gilroy Gardens)
Negotiators: Gabriel Gonzalez, City Administrator; Andy Faber, Acting City Attorney
Other Party to Negotiations: Bryson Heezen, Director of Development, Great Wolf
Resorts; Cecily Barclay, Attorney at Law; Greg Edgar, President & Chairman, Gilroy
Gardens Family Theme Park, Inc.
Under Negotiations: Price and Terms of Payment
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C. PUBLIC EMPLOYEE APPOINTMENT /HIRING
Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11
(2) Title: Finance Director
Acting City Attorney Faber announced that the Council was entering into closed
session on Item A as discussion in open session would unavoidably prejudice the
city's position in the case.
There were no public comments.
Motion to Adjourn to Closed Session
Motion: to Adjourn to Closed Session
Moved by Council Member Daniel Harney, 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 Peter Leroe- Munoz; Council
Member Cat Tucker; Council Member Roland Velasco; Mayor Perry Woodward
The Council adjourned to closed session at 9:55 p.m.
HAWNA PREELS`MMC
ity Clerk
City Council Meeting Minutes
9/12/2016