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Minutes 2017/02/27City of Gilroy City Council Meeting Minutes February 27, 2017 I. OPENING A. Call to Order Mayor Velasco called the meeting to order at 6:00 p.m. The pledge of allegiance was led by Council Member Harney. The invocation was given by Pastor Soto of the New Hope Community Church. City Clerk Shawna Freels reported that the agenda had been posted on February 22, 2Q17 at 3:45 p.m. Roll Call Present: Council Member Daniel Harney; Council Member Cat Tucker; Council Member Fred Tovar; Council Member Paul Kloecker; Mayor Pro Tempore Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Roland Velasco B. Orders of the Day Mayor Velasco move Item 913 following the consent calendar. C. Employee Introductions Recreation Director De Leon introduced newly hired part time recreation leader Anthony Gutierrez. Public Works Director Roberts introduced newly hired Management Analyst Ogarita Carranza. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations There were none. III. PRESENTATIONS TO THE 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 none. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker spoke on the Caltrain weekend service reductions and then reported that she had attended the Recycling and Waste Reduction Committee meeting. Council Member Harney spoke on the VTA meeting describing the bus service reductions for Gilroy based on ridership studies, and he then detailed the upcoming VTA committee meetings. City Council Meeting Minutes 2/27/2017 z Council Member Tovar spoke on the Cities Association meeting he had attended and then spoke on the 1 st Friday event in the downtown. Mayor Velasco spoke on the Economic Development Corporation's work in bringing Golden State Brewery to the downtown and shared the upcoming visioning exercise and selection of new EDC Board of Directors. He then spoke on URM Task Force progress in the downtown. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of the February 6, 2017 Regular Meeting B. Claim of Eduardo Plaza (the City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) C. Claim of Trinidad Zamaripa (the City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) D. Claim of Lorenzo Ortiz Aleman (the City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) E. Authorize Participation in the Golden State Finance Authority (GSFA) Property Assessed Clean Energy (PACE) Programs and Associate Membership in GSFA Motion on the Consent Calendar Motion: to Approve Consent Calendar Items A, B, C, D and E Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Daniel Harney. Vote: Motion carried 7 -0. Yes: Council Member Daniel Harney; Council Member Cat Tucker; Council Member Fred Tovar; Council Member Paul Kloecker; Mayor Pro Tempore Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Roland Velasco X. UNFINISHED BUSINESS B. Council Discussion and Consideration of Welburn Traffic Calming Study Mayor Pro Tempore Bracco recused himself from deliberations on the item due to property ownership within 500 feet of the subject area, and then left the dais. The staff report was presented by Transportation Engineer Fisher. Public comment was opened. Maria Forsgren was called to speak and shared her support of the traffic calming measures on Welburn. She described the excessive speeding and increased volume of cars on the street and concern with safety, explaining that the new measures were well received by the residents, as Welburn had become a shortcut for residents and parents attempting to access upper Mantelli. Joan Miller was called to speak sharing the city's acknowledgement of the safety issues on upper Welburn several years prior, which had led to the Council's decision to place traffic calming measures on the street. She described the narrowness of the street and lack of curbs and sidewalks and increased traffic and City Council Meeting Minutes 2/27/2017 speeding. She concluded by stating that Welburn should not be used as a short cut asking that the Council uphold their decision to implement all safety measures as previously decided. David Robledo was called to speak sharing the history of the neighborhood and increased traffic on Ousley Drive, as overflow from Welburn. Newell Monroe was called to speak detailing the number of vehicle accidents on Welburn in front of his home and sharing his concerns with speeding on Welburn towards Mantelli, asking the Council uphold the decisions had previously made. Kelly Barbazette was called to speak asking the Council to honor their previous commitment to implement traffic calming measures on Welburn and she then shared her concerns with safety due to excessive speeding on the narrow road. Steve Seebart stating that he didn't know that there was speeding on the street and suggested that the staff recommendations 3 and 4 be implemented. Alan Jensen was called to speak sharing his conversations with 3 previous Mayors regarding traffic increases and speeding in the Rancho Hills area, explaining that the City needed a comprehensive policy to address the issue as identified in option number 4. Georgine Scott - Codiga was called to speak and described that petitions had been submitted by residents and staff recommendations had been made to conduct a traffic study. She explained that the public had been misinformed by the Council that traffic data was being collected and then spoke on the unintended consequences that staff had warned the Council about, asking that a complete study be conducted. Joel Goldsmith was called to speak stating that Welburn was the only avenue out of his neighborhood and he believed that the measures only caused for more difficulty in getting out on the road and did not reduce speeding. He spoke on the traffic flow and need to address the issue comprehensively, asking the City to remove the calming measures. Chris Vanni explained that there were two schools in the area that impacted traffic, and then spoke on the overall difficulties with traffic in the area asking Council to consider removing the temporary traffic calming measures while a complete study and neighborhood traffic calming policy was completed. Bill O'Connor was called to speak and asked the Council to set a standard for traffic calming, and follow it for all areas of the City. Keith Higgins was called to speak explaining that he was a traffic engineer who lived in the Rancho Hills area. He described the 2012 survey and the newer traffic counts in 2016, sharing his experience in creating traffic calming policies which establish the ground rules for starting a study. Erica Trinchero was called to speak sharing her opposition to the traffic calming and stated that the City had created a dangerous condition and safety risks and detailing traffic collisions in the area and issues the schools were experiencing. Terence Fugazzi was called to speak explaining that the traffic calming measures should be removed to allow for a proper study. Jill Vanni was called to speak sharing her concerns with the traffic calming and explaining that Mantelli was impacted by the changes. City Council Meeting Minutes 2/27/2017 4 Cara Pirozzoli was called to speak and shared he concerns with a lack of a policy to address traffic and speeding as her neighborhood was also impacted. Stacey Thornburg was called to speak sharing her concerns with the amount of speeding in Gilroy sharing details of the issue throughout the city. Anthony Fletcher was called to speak sharing his concerns with the lack of staff pass down of information after 4 years of meetings with the neighbors on Welburn. He described the need for traffic calming because of the speeding. Bryan Burns was called to speak asking the Council to consider the proper order of the process, suggesting that the calming measure be removed while the study was being conducted. Keith Miller was called to speak explaining that the group of neighbors had met with City staff for 4 years and waited through the bureaucracy to have the Council provide direction to implement traffic calming measurers. He shared his concerns with the proposed changes to the council's actions asking them to staff firm with their decisions. Sam Herrera was called to speak describing the need to conduct the process correctly stating that he didn't believe safety had been addressed. Kim Moyano was called to speak sharing her concerns with traffic and explaining that she had struggled for numerous years with traffic concerns on her street. She then asked that the signs be removed and a traffic study be conducted. Britt Bigelow was called to speak and explained that the traffic calming measures had directly impacted him as he lived on Welburn. Melanie Troini was called to speak describing the division of the neighborhood with the calming measures. She then stated that Welburn was one of the safest streets. Ron Kirkish was called to speak and explained that speeding was the true concern and speed bumps would slow down the traffic. Public comment was then closed. Motion on Item IX.B. Motion: Direction to staff to conduct a city wide traffic calming policy study Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Fred Tovar. Vote: Motion carried 6 -0 -1. Yes: Council Member Daniel Harney; Council Member Cat Tucker; Council Member Fred Tovar; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Mayor Roland Velasco Absent: Mayor Pro Tempore Dion Bracco Failed Motion on Item IX.B. Motion: Approve To remove the signs and traffic calming soft measures that have been put in place. Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Fred Tovar. Vote: Motion failed 2 -4. Yes: Council Member Fred Tovar; Council Member Peter Leroe - Munoz No: Council Member Daniel Harney; Council Member Cat Tucker; Council Member Paul Kloecker; Mayor Roland Velasco Absent: Mayor Pro Tempore Dion Bracco City Council Meeting Minutes 2/27/2017 5 Second Motion on Item IX.B. Motion: Direction to Staff to finish the Welburn specific pre and post conditions traffic study and return to Council with recommendations, and complete the striping portions of the calming measures Moved by Council Member Cat Tucker, seconded by Council Member Daniel Harney. Vote: Motion carried 6 -0 -1. Yes: Council Member Daniel Harney; Council Member Cat Tucker; Council Member Fred Tovar; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Mayor Roland Velasco Absent: Mayor Pro Tempore Dion Bracco A. Interviews for One Open Seat on the Youth Commission Paul Song interviewed for the open seat. VII. BIDS AND PROPOSALS A. Award of a Contract to Guerra Construction for the Construction of the San Ysidro Park Pathway Project Phase II Establish a project contingency budget of 10% ($14,459); and Authorize the City Administrator to execute the contract and related documents, including contract amendments up to and including the contingency amount. The staff report was presented by Interim City Engineer Stubchaer. There were no public comments. Motion on Item VII.A. Motion: to Award the Contract to Guerra Construction for the Construction of the San Ysidro Park Pathway Project Phase II Establish a project contingency budget of 10% ($14,459); and Authorize the City Administrator to execute the contract and related documents, including contract amendments up to and including the contingency amount. Moved by Council Member Daniel Harney, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Daniel Harney; Council Member Cat Tucker; Council Member Fred Tovar; Council Member Paul Kloecker; Mayor Pro Tempore Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Roland Velasco IX. UNFINISHED BUSINESS A. Ordinance Amending Gilroy City Code Chapter 17A, Section 17A.20, entitled "Process for Gaining Access to Public Records - Administrative Appeals. The staff report was presented by City Attorney Faber. Council Member Leroe -Munoz left the dais. There were no public comments. Motion on Item -IX.A. Motion: to read the ordinance by title only Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Council Member Daniel Harney; Council Member Cat Tucker; Council City Council Meeting Minutes 2/27/2017 Member Fred Tovar; Council Member Paul Kloecker; Mayor Pro Tempore Dion Bracco; Mayor Roland Velasco Absent: Council Member Peter Leroe -Munoz City Clerk Freels read the ordinance title. Second Motion on Item IX.A. Motion: to introduce an ordinance of the City Council of the City of Gilroy amending Gilroy City Code Chapter 17A Section 17A.20 (d) and (e) pertaining to the process for gaining access to public records - administrative appeals. Moved by Council Member Fred Tovar, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 6 -0 -1. Yes: Council Member Daniel Harney; Council Member Cat Tucker; Council Member Fred Tovar; Council Member Paul Kloecker; Mayor Pro Tempore Dion Bracco; Mayor Roland Velasco Absent: Council Member Peter Leroe -Munoz Council Member Leroe -Munoz returned to the dais. C. Appointment of Two City Council Members to the Joint South County Recycled Water Committee The staff report was presented by City Administrator Gonzalez. There were on public comments. Motion on Item IX.C. Motion: to Appoint Mayor Pro Tempore Bracco and Council Member Tucker as Members to the Joint South County Recycled Water Committee. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Daniel Harney; Council Member Cat Tucker; Council Member Fred Tovar; Council Member Paul Kloecker; Mayor Pro Tempore Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Roland Velasco D. Appointment of Members to the Public Art Committee, Parks and Recreation Commission, Housing Advisory Committee and Youth Commission The staff report was presented by City Clerk Freels. Motion on Item IX.D. Motion: to Appoint Frank Segreto and Melanie Reynisson to the Public Art Committee with terms ending 12/31/2020, Toby Echelberry, Marlene Gaucin, Phillip Davies, Reid Lerner to the Housing Advisory Committee with terms ending 12/31/2018, and Vince Monroy to the Parks and Recreation Commission with a term ending 12/31/2017 and Paul Song to the Youth Commission to the term ending 9/30/2018. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Daniel Harney. Vote: Motion carried 7 -0. Yes: Council Member Daniel Harney; Council Member Cat Tucker; Council Member Fred Tovar; Council Member Paul Kloecker; Mayor Pro Tempore Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Roland Velasco X. INTRODUCTION OF NEW BUSINESS City Council Meeting Minutes 2/27/2017 7 There were no new business items. XI. CITY ADMINISTRATOR'S REPORTS There were none. XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION A. CONFERENCE WITH NEGOTIATOR COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: AFSCME Memorandum of Understanding: MOU Between City of Gilroy and AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101 City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, Human Resources Director; Charles Sakai, Labor Negotiations Counsel There were no public comments. Motion to Adjourn to Closed Session Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Cat Tucker. Vote: Motion carried 7 -0. Yes: Council Member Daniel Harney; Council Member Cat Tucker; Council Member Fred Tovar; Council Member Paul Kloecker; Mayor Pro Tempore The Dion Bracco; Council Member Peter Leroe- Munoz; Mayor Roland Velasco Council adjourned to closed session at 9:2E City Council Meeting Minutes 2/27/2017 1 1 1