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Minutes 2017/07/10City of Gilroy City Council Adiourned Regular Meeting Minutes July 10, 2017 OPENING A. Call to Order Mayor Velasco called the meeting to order at 6:01 p.m. and announced that the meeting would be adjourned in memory of George Flores; he then read Mr. Flores's biography. The Pledge of Allegiance was led by Council Member Tucker. Office Assistant Johnson announced that the agenda had been posted on July 16, 2017 at 4:00 p.m. Roll Call Present: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco Absent/Excused: Council Member Daniel Harney B. Orders of the Day There were no agenda changes. C. Employee Introductions Newly employees Senior Engineer Jorge Duran, Planner I Jessie Bristow and newly appointed Building Permit Technician Christina Villarreal were introduced by Community Development Director Abrams. Recreation Director De Leon introduced new early childhood education employee Rosalia Avendano. Police Captain Deras introduced newly hired Detention Services Officer Janet Munoz. Human Resources Director introduced college fellow Robert Carrera, and college interns Jenavive Guerrero and Andres Plascencia. Interim Public Works Director Roberts introduced newly hired Maintenance Worker Armando Ruiz. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Presentation of Certificates of Appreciation to Retiring Personnel Mayor Velasco presented certificates of appreciation to retiring personnel: Fire Captain Roy Shackle, Fire Division Chief Colin Martin and Community Services Officer Maribel Gutierrez. 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 City Council Adjourned Regular Meeting Minutes 7/10/2017 COUNCIL Manuel Haro was called to speak sharing concerns with staff responses to Council questions as he believed not all of the necessary information was being communicated to Council. Tim Gavin was called to speak describing the general plan, its policies and action plan related to street design explaining that actions from the action plan were outlined in the general plan. He asked why staff had not used the general plan prior to utilizing the traffic circulation master plan when addressing traffic related decisions. Marla Forsgren was called to speak explaining that the general plan should be used when approving projects. She explained that staff should not put themselves in a position of judge and should ensure all projects apply to the general plan, as developed by the residents. She suggested that the Council utilize the general plan when making decisions, and offered a PDF copy of the document. Amos Brown was called to speak and described hateful crimes and blight in residential areas. He spoke on racial concerns and imbalance within the city government explaining that alley ways, streets and buildings were being destroyed asking why nothing was being taken care of in the city. B. Public Art Committee Annual Presentation to Council Chairman Morasca gave the annual presentation. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker reported that her term on the Recycling and Waste Commission had ended. Council Member Kloecker reported that he had attending the SCRWA meeting the previous week. Council Member Tovar reported that he had attended the memorial service for George Flores. He then spoke on his participation at the Relay for Life event in June. Mayor Velasco announced that the EDC would meet the following week and reported that the General Plan Advisory Committee had held its first meeting. He concluded by reporting on the URM Task Force meeting held the prior week. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Kloecker spoke on the recent deed restriction condition added by Council to the Glen Loma tentative map approval for school busing, asking if the condition return to Council at a future meeting to discuss issues related to the deed restriction during the approval. The Council agreed to agendize the item. Council Member Tucker asked for clarification on appealing a decision of the Purchasing Coordinator, asking if the Council could be informed on the process and the Council's responsibility with regards to the appeal of RFP's. Council Member Tovar asked if the issue of fireworks would be agendized in August. VI. CONSENT CALENDAR City Council Adjourned Regular Meeting Minutes 7/10/2017 3 A. Minutes of the June 19, 2017 Regular City Council Meeting B. Acceptance of Right -of -Way Dedication and Easement Grant Deeds for Lone Oak Street Improvements; APN's 810 -20 -008, 810 -20 -009 and 810 -20 -006 C. Approval of Stop Sign Installation at Mesa Road and Gavilan College D. Notice of Acceptance of Completion for Property Improvement Agreement No. 2014 -03 (Masoni Tract 10236), APNs: 808 -51 -001 Through 023 F. Approval of Final Map and Property Improvement No. 2017 -02 for Cambridge Place - Tract 10369, APN: 790 -25 -031 G. Claim of Forest Polinsky (the City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) H. Claim of Francisco Maciel (the City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) I. Claim of Joyce Balanesi (the City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) Council Member Kloecker recused himself from deliberations on Item VI.E explaining that the item was in proximity to his home. Motion on the Consent Calendar Motion: Approve Consent Calendar Items A, B, C, D, F, G, H and I. Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Fred Tovar. Vote: Motion carried 6 -0 -1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco Absent: Council Member Daniel Harney E. Approval of Stop Sign Installation at Welburn Avenue and Taryn Lane The staff report was presented by Community Development Director Abrams. Public comment was opened. Kevin McGinty was called to speak and shared his opposition to placing the stop sign in front of his home on Taryn. He spoke on the recent traffic survey of the area and sight distance issue explaining that there could be negative effects with the installation of stop signs in the area. Ron Kirkish was called to speak sharing the concerns with having sufficient room on the street for stop signs stating that he believed the decision to install stop signs was warrented. Tim Gavin was called to speak and described the process of using traffic calming measures and stated that stop signs were not intended for traffic calming, and in doing so the city would be setting a precedence. He then spoke on the blind intersections at the planned location. Dan Mitchell was called to speak stating that the Engineer from the City did go out to discuss the stop signs with his wife and possible displacement of his mailbox. He then spoke on the position of the Welburn traffic calming group and requested a response to the emails sent to the city. City Council Adjourned Regular Meeting Minutes 7/10/2017 4 Keith Higgins spoke on the traffic study conducted by his company explaining the recommendations to address the sight distance issue. He then explained that they had communicated with the affected property owners by phone and went on to describe the issues with parking on the street, referring to the report provided to the city. Diane McGinty was called to speak describing the traffic study of the area and suggested that a warning sign be placed on the street prior to the stop sign. Melanie Troini was called to speak sharing her thoughts on turning onto the streets in the area and explaining that she believed the stop signs would cause more problems than it would solve. Motion on Item VI.E. Motion: to take no action on placing a stop sign at Taryn Lane and Welburn Avenue, and direct staff to work with the residents to reduce vegetation to assist with sight distance. Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 5- 0 -1 -1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco Absent: Council Member Daniel Harney Recuse: Council Member Paul Kloecker VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS There were none. IX. UNFINISHED BUSINESS A. Consideration of Potential Traffic Calming Measures and Criteria to be Used in Development of a Citywide Residential Streets Traffic Calming Policy The staff report was introduced by Community Development Director Abrams and further presented by consultant Michelle Hunt of Hexagon Transportation Consultants. Public comment was opened. Tim Gavin was called to speak describing the cut through traffic assumption and describing the use of the general plan in creating the policy, describing his experiences on lower Welburn due to traffic congestion on First Street. He concluded by describing the need for sufficient funding for implementation and a commitment to enforce the policy. Ron Kirkish was called to speak suggesting that the proposed language from Council Member Leroe -Munoz be used explaining that some measures were necessary to calm traffic. Alan Jensen was called to speak sharing his support of traffic calming and then described the need for enforcement using a form of verification by capturing the actual speed data. Steve Seebart was called to speak sharing his support of the policy and need to involve everyone with broad a definition of neighborhood. City Council Adjourned Regular Meeting Minutes 7/10/2017 Public comment was then closed. B. Adoption of an Ordinance Amending Section 30.37.20 of Chapter 30 of the Gilroy City Code Entitled "Sign Regulations" (Introduced 6/19/17 with a 5 -0 -2 vote, Council Members Harney and Tucker absent) There were no public comments. Motion on Item IX.B. Motion: Adopt Ordinance 2017 -04 of the City Council of the City of Gilroy Amending Section 30.37.20 of Chapter 30 of the Gilroy City Code Entitled "Sign Regulations ". Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Cat Tucker. Vote: Motion carried 6 -0 -1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco Absent: Council Member Daniel Harney X. INTRODUCTION OF NEW BUSINESS A. Approval of Property Improvement No. 2017 -03 for the Installation of Traffic Signalization at the Intersection of Wren Avenue and Welburn Avenue for Cambridge Place - Tract 10369, APN: 790 -25 -031 The staff report was presented by Community Development Director Abrams. Public comment was opened. Tim Gavin was called to speak sharing the level of service data found in the general plan. He described the width of the street and increase of traffic flow which was in opposition to the general plan, and then described the conflicts with the policy used describing the housing element of the general plan and the project environmental impact report regarding traffic circulation. He concluded by suggesting that a light similar to 10th Street and Camino Arroyo be used. Manuel Haro was called to speak in support of a traffic light signalization at the intersection describing the issues with traffic congestion. Beverly Pierce spoke on the traffic in the area stating that the four -way stop sign was working well. She explained that a stop light would further back up the traffic in front of the fire station. Ron Kirkish was called to speak stating that the issue would continue to compound as the community grew, reminding the Council that the decision would impact the city as a whole. Steve Ashford was called to speak explaining that he had lived in the area in 1962 and saw that the stop light intersection would be a good thing. He spoke on alternatives to the turn lane sharing his thoughts on addressing the size of the street and the addition of homes being built in the area. Keith Higgins spoke on the general plan circulation and levels of service, describing the allowable criteria. Applicant Tom Schulz was called to speak asking that the Council provide direction to staff to provide another milestone so as not to delay the project, explaining that City Council Adjourned Regular Meeting Minutes 7/10/2017 M they intended to provide the improvement. Motion on Item X.A. Motion: Approve Property Improvement Agreement No. 2017 -03 for Cambridge Place - Tract 10369, Tentative Map Condition No. 55, APN: 790 -25 -031 Moved by Council Member Cat Tucker, seconded by Mayor Roland Velasco. Vote: Motion carried 5 -1 -1. Yes: Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco No: Mayor Pro Tempore Dion Bracco Absent: Council Member Daniel Harney B. Council Consent to the Appointment of a Public Works Director The staff report was presented by Human Resource Director McPhillips. There were no public comments. Motion on Item X.B. Motion: Approve Consent of the City Administrator's recommendation to appoint Girum Awoke to the Department Head position of Public Works Director. Moved by Council Member Cat Tucker, seconded by Council Member Fred Tovar. Vote: Motion carried 6 -0 -1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco Absent: Council Member Daniel Harney C. Approval of Amended and Restated Golf Course Agreement with Gilroy Golf Course, Inc. The staff report was presented by City Administrator Gonzalez. There were no public comments. Motion on Item X.C. Motion: Approve an amended and restated lease agreement with Gilroy Golf Course, Inc. for the operation of the City golf course facility. Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member Fred Tovar. Vote: Motion carried 6 -0 -1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco Absent: Council Member Daniel Harney D. Consideration of a Proposed Economic Incentive Payment Plan Policy for Large Scale Economic Development Projects The staff report was presented by Interim Development Center Manager O'Strander. Public comment was opened. Tammy Brownlow was called to speak and described the need for the policy to put the City at an advantage for business attraction and to allow projects to move forward more rapidly. Gary Walton of the Gilroy Downtown Business Association was called to speak and City Council Adjourned Regular Meeting Minutes 7/10/2017 7 described the need to keep a focus on the smaller businesses that contributed to the economics of the community, suggesting that smaller business also be a part of the policy discussion. Motion on Item X.D. Motion: Receive report and provide direction to staff to include the 1/3, 1/3, 1/3, as recommended by staff. Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 6 -0 -1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco Absent: Council Member Daniel Harney E. Consideration of the Approval of Leadership Gilroy 2017 Mural Wall Project The staff report was presented by Building Division Manager Rob Allen. Public comment was opened. Gary Walton was called to speak describing the rich history of Gilroy art and public draw to the existing downtown mural, describing the Downtown Associations support of the project. Marty Cheek of the Leadership Gilroy 2017 class shared the support of city staff and shared the need for a diversity of demographics of the community including youth. Motion: Approve a proposed mural wall project to be located at 7357 Monterey Street on the exterior wall of the south side of Porcella's Music Store. Moved by Council Member Cat Tucker, seconded by Council Member Fred Tovar. Vote: Motion carried 6 -0 -1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco Absent: Council Member Daniel Harney XI. CITY ADMINISTRATOR'S REPORTS Fire Chief Anderson presented a report on fireworks activies during the Fourth of July. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and 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;015; 021; 024; 025; 026; 029; 810 -18 -002; 010; 011;801 -19 - 005;007; 010; 011; 014 (Gilroy Gardens) Negotiators: Gabriel Gonzalez, City Administrator. Other Party to Negotiations: Greg Edgar; Bryson Heezen, Great Wolf Resorts; Cecily Barclay, Attorney. Negotiating Price and Terms B. 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 City Council Adjourned Regular Meeting Minutes 7/10/2017 1 1 1 1 M 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 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4) Name/Title Gabriel Gonzalez, City Administrator Motion to Adjourn to Closed Session Motion: Adjourn to Closed Session Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -0 -1. Yes: Mayor Pro Tempore Dion Bracco; Council Member Paul Kloecker; Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland Velasco Absent: Council Member Daniel Harney The Council adjourned to closed session City Council Adjourned Regular Meeting Minutes 7/10/2017