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Minutes 2017/06/19City of Gilroy City Council Meeting Minutes June 19, 2017 I. OPENING A. Call to Order Mayor Velasco called the meeting to order at 6:01 p.m. The pledge of allegiance was led by Mayor Pro Tempore Bracco. The Invocation was given by Pastor Malcolm MacPhail of New Hope Community Church. City Clerk Shawna Freels announced that the agenda had been posted on June 14, 2017 at 4:45 p.m. Roll Call Present: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Fred Tovar; Mayor Roland Velasco Absent/Excused: Council Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat Tucker B. Orders of the Day There were no agenda changes. C. Employee Introductions Community Development Director Abrams introduced newly hired Engineer 1 Nirorn Than and Police Captain Svardal introduced newly hired Police Officer Trainee Diana Barratt. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations Mayor Velasco presented a proclamation recognizing the Gilroy Browns Pee Wee Football Team Pop Warner Division 1 Football Championship. Julie Alter of Recology South Valley presented the recycler of the year award to Hecker Pass Plaza. 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 Joanne Fierro was called to speak and invited the Council and public to an outreach meeting on the single payer healthcare bill the following Saturday. Gary Walton was called to speak sharing the success of the Red Bard fundraising event the previous weekend and detailing the use of the funds to rehabilitate the barn. He then spoke on the downtown Fifth Street Live and Farmers Market events being held on Friday's detailing plans for growing the event. Council Member Peter Leroe -Munoz joined the meeting at 6:12 p.m. City Council Meeting Minutes 6/19/2017 1 1 1 2 B. Library Commission Annual Presentation to Council The presentation was given by Commission Vice Chair Sumana Reddy. C. Recreation Public Service Announcement Promoting Summer Programs IV. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Bracco reported that he had attended the Library JPA and SCRWA meetings, and highlighted the need for a security presence at the library on a full time basis to form relationships with the patrons at the library. Council Member Kloecker reported that he had attended the SCRWA meeting explaining that the Board had approved their fiscal budget. Council Member Tovar spoke on the 5th Street Live event sharing the new businesses that had participated. He then announced the Relay for Life event being held at Christmas Hill Park Saturday June 24th at 10 am. Mayor Velasco commented that the GPAC would be meeting on June 29th and then spoke on the success of the 5th Street Live event downtown. V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR A. Minutes of the June 5, 2017 Regular Meeting B. Second Amendment to the Agreement for Countywide Household Hazardous Waste Collection C. Notice of Acceptance of Completion for Property Improvement Agreement 2015 -04 - Oak Place Tract 10184 D. Approval of Property Improvement Agreement No. 2017 -01 for Heartland Gardens Tract 10379, Tract 10398 and Tract 10399 E. Approval of "Age- Friendly City" Designation for the City of Gilroy 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 Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker VII. BIDS AND PROPOSALS A. Award of Custodial Services Contract to Frank and Grossman Landscape Contractors Inc.; Project 17- RFP -ASD -392 The staff report was presented by Facilities Manager Dunckel. There were no public comments. Motion on Item VII.A. Motion: to Award a custodial services contract to Frank and Grossman Landscape Contractors Inc., in the amount of $250,211.97 and authorize the City Administrator to execute the contract; Project No. 17 -RFP -392. City Council Meeting Minutes 6/19/2017 3 Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker VIII. PUBLIC HEARINGS A. Tentative Map Approval to Subdivide a 28 +/- Acre Site into 113 Single- family Lots, Seven Open Space Lots and a Remainder Lot for Future Development Located Within the Glen Loma Ranch Specific Plan Area to Create The Grove and Luchessa Neighborhoods. This Property is Located East of West Tenth Street Between Santa Teresa Boulevard and West Luchessa Avenue; APN 808 -19 -010 (portion) and 808 -19 -024 (portion) (TM 16 -03) The staff report was presented by Planner II Durkin. The public hearing was opened. Sally Armendariz was called to speak asking if any below market value or affordable housing would be included in the development. She then asked if there would be a park within the development. The public hearing was then closed. Motion on Item VIII.A. Motion: Adoption of Resolution 2017 -22 of the City Council of the City of Gilroy approving tentative map TM 16 -03 creating 113 single - family residential lots, seven open space lots, and a remainder lot for future development located within the Glen Loma Ranch specific plan area, east of West Tenth Street between Santa Teresa Boulevard and West Luchessa Avenue; APN's 808 -19 -110 (portion) and 808 -19 -024 (portion); Filed by Glen Loma Corporation. With the inclusion of a deed restriction recognizing that there was no school transportation available. Moved by Council Member Fred Tovar, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker B. An Ordinance Amending Section 30.37.20 of Chapter 30 of the Gilroy City Code Entitled "Sign Regulations" The staff report was presented by Code Enforcement Officer Barron. 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; and, Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker City Clerk Freels read the ordinance title. City Council Meeting Minutes 6/19/2017 4 Second Motion on Item VIII.B. Motion: introduction of an Ordinance of the City Council of the City of Gilroy Adopting Minor Amendments to the Gilroy City Code Amending Chapter 30, Section 30.37.20. Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Fred Tovar. Vote: Motion carried 5 -0. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker C. 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 Finance Director Forbis. The public hearing was opened; there being no comments it was then closed. Motion on Item VIII.C. Motion: Adoption of Resolution 2017 -23 of the City Council of the City of Gilroy to deliver to the County Auditor of the County of Santa Clara the final report of delinquent garbage and refuse customer billings so that special assessments may be levied upon these accounts. Moved by Council Member Fred Tovar, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 4 -0 -3. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Peter Leroe- Munoz; Council Member Cat Tucker IX. UNFINISHED BUSINESS Paula Waldorf was called to speak sharing her concerns with a property on Benassi Drive at the corner of 3rd explaining that the property was not being maintained and was a blight issue. A. Approval of Budget Amendments for Fiscal Years 2017 -2018 and 2018 -2019 and Revision to the General Fund Reserve Policy The staff report was presented by Finance Director Forbis. Public comment was opened. Bill O'Connor was called to speak explaining that the expenditure approach was the appropriate way to reduce the reserve level and he supported the idea of using the reserves. Motion on Item IX.A. Motion: Adoption of Resolution 2017 -24 of the City Council of the City of Gilroy amending the Budget for said City for fiscal years 2017 -2018 and 2018 -2019 and appropriating proposed expenditures for purposes set forth in the budget and revising the general fund reserve policy. Moved by Council Member Fred Tovar, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker City Council Meeting Minutes 6/19/2017 5 X. INTRODUCTION OF NEW BUSINESS A. Review of Downtown Ground Floor Office Uses in the Downtown Historic District The staff report was presented by Interim Development Center Manager O'Strander. Public comment was opened. Sally Armendariz shared the work of the CARAS organization and positive benefits of the nonprofit in the downtown area, asking for Council's support of allowing the office use in the downtown. Art Barron, President of CARAS, was called to speak sharing detail of the work of the nonprofit explaining that the organization was unaware that they were under a timeline on the use of the building. He then described the benefits of the downtown location for the clients and other downtown businesses Public comment was then closed. Failed Motion on Item X.A. Motion: Direction to staff to prepare a review of the process for allowing an exception for ground floor use for CARAS. Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Fred Tovar. Vote: Motion failed 2 -3. Yes: Council Member Peter Leroe - Munoz; Council Member Fred Tovar No: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker B. Gilroy Management Association Memorandum of Understanding and Salary Schedules for the Period July 1, 2017 Through June 30, 2019 and Updated Salary Schedules for Unrepresented Confidential, Exempt, Exempt Part - Time/ Temporary /Seasonal Employees, and Department Head Employees The staff report was presented by Human Resources Director McPhillips. There were no public comments. Motion on Item X.B. Motion: Approve the Memorandum of Understanding between the City and Gilroy Management Association for the period July 1, 2017 - June 30, 2019 Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker Second Motion on Item X.B. Motion: Adoption of Resolution 2017 -25 of the City Council of the City of Gilroy approving the July 1, 2017 and July 1, 2018 salary schedules associated with the Gilroy Management Association Memorandums of Understanding; and, Moved by Council Member Fred Tovar, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker City Council Meeting Minutes 6/19/2017 R Third Motion on Item X.B. Motion: Adoption of Resolution 2017 -26 of the City Council of the City of Gilroy approving the July 1, 2017 and July 1, 2018 salary schedules for unrepresented, confidential, exempt employees; and, Moved by Council Member Fred Tovar, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 5 -0 -2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker Fourth Motion on Item X.B. Motion: Adoption of Resolution 2017 -27 of the City Council of the City of Gilroy approving the July 1, 2017 and July 1, 2018 salary schedules for the exempt part - time /temporary/seasonal employees. Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Fred Tovar. Vote: Motion carried 5 -0 -2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker Fifth Motion on Item X.B. Motion: Adoption of Resolution 2017 -28 of the City Council of the City of Gilroy approving the July 1, 2017 and July 1, 2018 salary schedules for the unrepresented, at -will, department head employees. Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Fred Tovar. Vote: Motion carried 5 -0. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker C. Approval of Proposed Finance Department Reorganization The staff report was presented by Finance Director Forbis. There were no public comments. Motion on Item X.C. Motion: Approval of a reorganization of the Finance Department to eliminate the Assistant Finance Director and Budget Analyst positions, and add two (2) Finance Manager positions. Moved by Council Member Fred Tovar, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker D. Council Consent to the Appointment of a Police Chief and Adoption of a Resolution Approving the Police Chief Compensation Elements The staff report was presented by Human Resources Director McPhillips. There were no public comments. Motion on Item X.D. Motion: Adoption of Resolution 2017 -29 of the City Council of the City of Gilroy establishing special compensation elements for Police Chief Scot A. Smithee effective August 1, 2017. City Council Meeting Minutes 6/19/2017 Moved by Council Member Fred Tovar, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5 -0. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker Second Motion on Item X.D. Motion: Approve Consent to the City Administrator's recommendation to appoint Scot A. Smithee to the Department Head position of Police Chief Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Fred Tovar. Vote: Motion carried 5 -0. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker XI. CITY ADMINISTRATOR'S REPORTS There were none. XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Significant Exposure to Litigation Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (3) (a); 1 Case as Defendant; Camille McCormack v. City of Gilroy; City Council of the City of Gilroy; West Coast Arborists Inc., et. al; Case Filed 5/25/2017, Case Number 17CV310981 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITAGATION Pursuant to 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 C. 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; Kristi Abrams, Community Development Director; Other Party to Negotiations: Mark Garrison; Under Negotiations: Price and Terms of Payment D. PUBLIC EMPLOYEE APPOINTMENT /EMPLOYMENT; Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4); Title: Public Works Director City Attorney Faber announced that the Council was adjourning to closed session on the two litigation items as discussion in open session would prejudice the position of . the City. Motion to Adjourn to Closed Session Motion: to Adjourn to Closed Session on Items A and B Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Fred Tovar. Vote: Motion carried 5 -0 -2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Mayor Roland Velasco Absent: Council Member Daniel Harney; Council Member Cat Tucker City Council Meeting Minutes 6/19/2017 9 The Council adjourned to closed session at 8 .1 1 1 City Clerk City Council Meeting Minutes 6/19/2017