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
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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
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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.
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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.
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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
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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
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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
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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
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