Minutes 2017/08/21City of Gilroy
City Council Meetinq Minutes
August 21, 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 Council Member Harney.
City Clerk Shawna Freels announced that the agenda had been posted on August
16, 2017 at 1:25 p.m.
Roll Call
Present: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney;
Council Member Peter Leroe- Munoz; Council Member Fred Tovar; Council
Member Cat Tucker; Mayor Roland Velasco
Absent/Excused: Council Member Paul Kloecker
B. Orders of the Day
There were no agenda changes.
C. Employee Introductions
City Administrator Gonzalez introduced newly appointed Public Works Director
Girum Awoke.
Community Development Director Abrams introduced newly hired Building Inspector
Jose Jocobo and Environmental Programs Inspector Isais Lona.
Recreation Manager De Leon introduced part time staff Jocelyn Gonzales and
Cassandra Torres.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
Mayor Velasco announced that certificates of appreciation were being issued to
retiring personnel Theresa Hernandez and Robert LockPadden, who both were not
available to attend the meeting.
Mayor Velasco announced a proclamation declaring September, 2017 Childhood
Cancer Awareness Month
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
Donald Perino was called to speak describing the need to lower speed limits around
elementary schools to 15 miles per hour. He then spoke on putting in curbs with new
development.
There were no further comments.
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B. Housing Advisory Committee Annual Presentation to Council
The presentation was given by Committee Member Bertoloni.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Tucker reported on the CalTrain Citizen Advisory Committee
meeting explaining that they were developing a business plan as the JPA was
struggling for funding. She then spoke on the Welcome Center meeting.
Council Member Harney spoke on the Silicon Valley Clean Energy Authority
recruitment for a new CEO, spoke on the budget of the Authority and anticipated
reimbursements for Gilroy in 2018. He then spoke on the Gilroy Gardens attendance
drop, and concluded explaining that he had attended the Mobility Partnership
meeting the previous week.
Council Member Leroe -Munoz spoke on the Mobility Partnership meeting the
previous week with Santa Clara County and San Benito County members detailing
their focus on transportation networks within the 152, 156 and 101 interchanges. He
then shared the success of the downtown car show event the previous weekend.
Mayor Velasco reported on the EDC meeting explaining that Performance Food
Group locating to Gilroy was moving forward. He described the two new brewery
businesses locating in the downtown and concluded by explaining that the EDC was
working with other retailers interested in coming to Gilroy. He completed his report by
sharing the success of the downtown car show the previous weekend.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Harney requested to agendize the Bicycle Pedestrian Commission
progress on the downtown bike rack project, and the Commission's suggested
amendments to the roles and responsibilities of the Commission.
City Administrator Gonzalez explained that the Bicycle Pedestrian Commission
ordinance recommendation would be brought to Council in September as a
discussion item.
The Council agreed to agendize the downtown bike rack update item.
VI. CONSENT CALENDAR
A. Minutes of the August 7, 2017 Regular Meeting
B. Approval of Changes to Council Representative Seats on the VTA Mobility
Partnership and the Joint Water Resources Committee
C. A Resolution 2017- 32 of the City Council of the City of Gilroy Releasing
Specified Unclaimed Checks to the City's General Fund in Accordance with
California Government Code Section 50055.
D. A Resolution 2017 -33 of the City Council of the City of Gilroy Releasing
Specified Unclaimed Checks to the City's General Fund in Accordance with
California Government Code Section 50053.
E. A Resolution 2017 -34 to Set the Tax Rate for Fiscal Year 2017 -18 for the
Gilroy Community Library Project Bonds
F. Approval of Final Maps for Heartland Gardens Tract 10379, Tract 10398 and
Tract 10399
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G. Claim of Maria Barrera (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
H. Claim of Nancy Bourquin (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
I. Claim of Raul Munoz (The City Administrator recommends a "yes" vote under
the Consent Calendar shall constitute the denial of the claim)
Motion on the Consent Calendar
Motion: to approve Consent Calendar Items A, B, C, D, E, F, G, H,
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 Daniel
Harney; Council Member Peter Leroe- Munoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
VII. BIDS AND PROPOSALS
Vlll. PUBLIC HEARINGS
IX. UNFINISHED BUSINESS
X. INTRODUCTION OF NEW BUSINESS
A. Consideration of a Financial Contribution of an Amount Not to Exceed
$1,500 for the Leadership Gilroy Downtown Mural Project
The staff report was presented by City Administrator Gonzalez. ,
Public comment was opened.
Nita Mitchelli was called to speak and shared the Leadership Gilroy class project and
rendering, and described the fundraising efforts of the group.
Public comment was then closed.
Failed Motion on Item X.A.
Motion: Approval of a financial contribution of $1,500 for the Leadership Gilroy
downtown mural project; and direction to staff to research and develop a contribution
policy with a framework of criteria for evaluating outside organization requests for
funding.
Moved by Council Member Fred Tovar, seconded by Council Member Daniel
Harney.
Vote: Motion failed 3 -3 -1.
Yes: Council Member Daniel Harney; Council Member Peter Leroe- Munoz; Council
Member Fred Tovar
No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor Roland
Velasco
Absent: Council Member Paul Kloecker
B. Refinancing of the 2002 and 2006 Highway 152 Community Facilities District
Bonds
The staff report was presented by Finance Director Forbis.
There were no public comments.
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Motion on Item X.B.
Motion: direction to staff to move forward with the resolution for the
refinancing, with all options available.
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Daniel Harney.
Vote: Motion carried 6 -0 -1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Peter Leroe- Munoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
C. Report on the Status of Illegal Fireworks in Gilroy
The staff report was presented by Police Chief Smithee.
Public comment was opened.
Dennis Revell of TNT Fireworks was called to speak and shared his experiences in
drafting ordinances for local jurisdictions with enforcement provisions to address
illegal fireworks.
Public comment was then closed.
Motion on Item X.C.
Motion: direction to staff to review the fee structure, compile information on
best practices from the League of California Cities conference, involve
Firefighters in the response to illegal fireworks, and research the use of
technology used, and return to Council with enough time to implement
changes prior to July, 2018
Moved by Mayor Roland Velasco, seconded by Council Member Fred Tovar.
Vote: Motion carried 6 -0 -1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Peter Leroe- Munoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
D. Consideration and Direction to the City of Gilroy's Voting Delegate
Regarding the 2017 League of California Cities Resolutions
The staff report was presented by City Administrator Gonzalez.
There were no public comments.
Motion on Item X.D.
Motion: Direction to Voting Delegate Council Member Tovar to vote in support
of the two resolutions being considered at the 2017 League of California Cities
Annual Conference.
Moved by Council Member Peter Leroe- Munoz, seconded by Council Member
Cat Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Peter Leroe- Munoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Gonzalez shared the progress on the Highway 152 /First street
repaving project explaining that coordination with the waterline replacement project
had been developed and the environmental assessment had just begun, which
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would allow the design plans to be submitted to CalTrans.
XII. CITY ATTORNEY'S REPORTS
Assistant City Attorney reported that a request from petitioners had taken place to
dismiss the McCormack vs. City of Gilroy case.
XIII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC
Section 54956.8 and GCC 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, Jimmy Forbis, Finance
Director; Other Party to Negotiations: Bryson Heezen, Great Wolf Resorts; Cecily
Barclay, Attorney. Negotiating Price and Terms
B. 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
There were no public comments on the closed session items.
Public comment on items not on the agenda was reopened.
Amos Brown was called to speak and described a calling he had received from God
to make amends with others.
Motion on XIII. Closed Session
Motion: to adjourn to closed session
Moved by Council Member Daniel Harney, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Peter Leroe- Munoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
The Council adjourned to Closed Session at 7:3�
SHAWNA FREELS, MMC
City Clerk
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