Minutes 2017/11/20City of Gilroy
City Council Meeting Minutes
November 20, 2017
I. OPENING
A. Call to Order
Mayor Velasco called the meeting to order at 6:04 p.m. and announced that Mayor
Pro Tempore Bracco was participating in the meeting remotely, by phone.
The pledge of allegiance was led by Council Member Tucker.
The invocation was given by Bishop Glen Saul of the Church of Jesus Christ of
Latter Day Saints.
City Clerk Freels announced that the agenda had been posted on November 15,
2017 at 10:20 a.m., and that the revised agenda had been posted on November
16, 2017 at 11:00 a.m.
Roll Call
Present: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney;
Council Member Paul Kloecker; Council Member Fred Tovar; Council
Member Cat Tucker; Mayor Roland Velasco
Absent/Excused: Council Member Peter Leroe -Munoz
B. Orders of the Day
There were no agenda changes.
C. Employee Introductions
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Public Works Director introduced newly hired Transportation /City Engineer Gary
Heap.
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
Beverly Pierce was called to speak and expressed her concerns with the lack of
traffic control during the Veterans Day event explaining that the traffic in the area
caused a difficulty with hearing.
Public comment was then closed.
B. Physically Challenged Board of Appeals Annual Presentation to Council
The presentation was given by Chairperson Johanson.
Council Member Peter Leroe -Munoz joined the meeting at 06:03 p.m.
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IV. REPORTS OF COUNCIL MEMBERS
Council Member Harney spoke on the VTA fair increase effective January 1, 2018
and agreed with a earlier comment regarding the Veterans event. He concluded
by describing his recent visit to the Armory cold shelter.
Council Member Tovar reported on the Youth Alliance explaining that they were
contemplating the move of the organization from the City.
Council Member Leroe -Munoz reported on cyber security training for elected
officials and first responders being held in San Luis Obispo.
Mayor Velasco spoke on the Veterans Day event describing the positive
community participation, and reported on his presentation to other Veterans at
Gilroy Gardens. He concluded by thanking the first responders who came honor
Gilroy native who was killed during WWII.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Tovar requested that staff report on traffic enforcement during
the holidays.
VI. CONSENT CALENDAR
A. Minutes of the November 6, 2017 Regular Meeting
B. Minutes of the November 7, 2017 Special Meeting
C. Claim of Joshua Watterson (The City Administrator recommends a "yes"
vote under the Consent Calendar shall constitute the denial of the claim)
Motion
Motion: to approve Consent Calendar Items A, B and C
Moved by Council Member Cat Tucker, seconded by Council Member Peter
Leroe- Munoz.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Council Member Peter Leroe-
Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
Roland Velasco
VII. BIDS AND PROPOSALS
A. Traffic Signal and Street Light Maintenance Contract Extension
The staff report was presented by Engineer I Than and Public Works Director
Awoke.
There were no public comments.
Motion on Item VII.A.
Motion: Approve a one year contract extension for service with Cal -West
Lighting and Signal Maintenance, Inc., and direct staff within 90 days to
ensure that the solar lighting is working to design, and return with a cost
estimate to upgrade the units.
Moved by Council Member Daniel Harney, seconded by Council Member
Cat Tucker.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Council Member Peter Leroe-
Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
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Roland Velasco
VIII. PUBLIC HEARINGS
A. Introduction of an Ordinance of the City Council of the City of Gilroy to
Add to the Gilroy City Code Chapter 30, Article 54 Pertaining to the
Ministerial Approval of Accessory Dwelling Units and Amending the
Gilroy City Code, Chapter 30, Sections 30.2.20, 30.4.10, 30.4.20, 30.5.40,
30.11.10, 30.31.21, 30.39.10, and 30.39.30 (Public hearing held 11/6/17
with a 4 -3 vote; Council Members Tovar, Leroe -Munoz and Tucker voting
no)
The staff report was presented by Interim Building Center Manager O'Strander.
The public hearing was opened.
Rosalie Sanborn was called to speak asking if her personal property would be
affected.
The public hearing was then closed.
Motion on Item VIII.A.
Motion: to read the ordinance by title only, and waive further reading; and,
Moved by Council Member Cat Tucker, seconded by Council Member Daniel
Harney.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney;
Council Member Paul Kloecker; Council Member Peter Leroe- Munoz;
Council Member Fred Tovar; Council Member Cat Tucker; Mayor Roland
Velasco
City Clerk Freels read the ordinance title.
Second Motion on Item VIII.A.
Motion: to introduce an Ordinance of the City Council of the City of Gilroy
to Add to the Gilroy City Code Chapter 30, Article 54 Pertaining to the
Ministerial Approval of Accessory Dwelling Units and Amending the Gilroy
City Code, Chapter 30, Sections 30.2.20, 30.4.10, 30.4.20, 30.5.40, 30.11.10,
30.31.21, 30.39.10, and 30.39.30
Moved by Mayor Roland Velasco, seconded by Council Member Paul
Kloecker.
Vote: Motion carried 4 -3.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Mayor Roland Velasco
No: Council Member Peter Leroe- Munoz; Council Member Fred
Tovar; Council Member Cat Tucker
B. Adoption of an Emergency Ordinance of the City Council of the City of
Gilroy Amending Chapter 30, Section 30.2.20, Entitled "Definitions,"
Chapter 30, Section 30.45.30, Entitled "Legislative Findings and
Statement of Purpose- Prohibition of Marijuana Cultivation, Processing,
Delivery and Dispensary Uses, and Chapter 30, Section 30.45.40, Entitled
"Prohibited Activities" and Adding Chapter 30, Section 30.45.45, Entitled
"Indoor Cultivation for Personal Use" of the Gilroy City Code
The staff report was presented by Development Center Manager O'Strander.
The public hearing was opened.
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Eric Froelich was called to speak sharing his concerns with the Council regarding
the approval of the state proposition by the people and the Council's decision not
to follow suit.
Susan Mister was called to speak and shared statistics from the state of Colorado
after the legalization of marijuana describing the impacts of second hand smoke
on children, and impacts on first responders. She then explained that the city
leaders were elected to protect the city from the legal impacts of legalizing
marijuana.
Ron Kirkish was called to speak and described the legal implications of legalizing
marijuana in the City as it was in conflict with the Federal law. He explained that
staff members that had allowed marijuana uses could be fined as could the
Council Members.
Mike Mister was called to speak and described the cross roads and vulnerability
of students at the junior high level explaining that officials set the example for
them and legalizing marijuana would negatively affect them.
Public comment was then closed.
Motion on Item VIII.B.
Motion: to read the ordinance by title only, and waive further reading; and,
Moved by Council Member Fred Tovar, seconded by Council Member Cat
Tucker.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Council Member Peter Leroe-
Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
Roland Velasco
City Clerk Freels read the ordinance title.
Second Motion on Item VIII.B.
Motion: to adopt Emergency Ordinance 2017 -06 of the City Council of the
City of Gilroy Amending Chapter 30, Section 30.2.20, Entitled "Definitions,"
Chapter 30, Section 30.45.30, Entitled "Legislative Findings and Statement
of Purpose- Prohibition of Marijuana Cultivation, Processing, Delivery and
Dispensary Uses, and Chapter 30, Section 30.45.40, Entitled "Prohibited
Activities" and Adding Chapter 30, Section 30.45.45, Entitled "Indoor
Cultivation for Personal Use" of the Gilroy City Code.
Moved by Council Member Cat Tucker, seconded by Council Member Fred
Tovar.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Council Member Peter Leroe-
Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
Roland Velasco
City Clerk Freels read the ordinance title.
C. Introduction of an Ordinance of the City Council of the City of Gilroy
Amending Chapter 30, Section 30.2.20, Entitled "Definitions," Chapter 30,
Section 30.45.30, Entitled "Legislative Findings and Statement of Purpose -
Prohibition of Marijuana Cultivation, Processing, Delivery and Dispensary
Uses, and Chapter 30, Section 30.45.40, Entitled "Prohibited Activities" and
Adding Chapter 30, Section 30.45.45, Entitled "Indoor Cultivation for
Personal Use" of the Gilroy City Code (Z 17 -07)
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The public hearing was opened; there being no comments it was then closed.
Motion on Item VIII.C.
Motion: to read the ordinance by title only, and waive further reading; and,
Moved by Council Member Cat Tucker, seconded by Council Member Fred
Tovar.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Council Member Peter Leroe-
Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
Roland Velasco
City Clerk Freels read the ordinance title.
Second Motion on Item VIII.C.
Motion: to introduce an Ordinance of the City Council of the City of Gilroy
Amending Chapter 30, Section 30.2.20, Entitled "Definitions," Chapter 30,
Section 30.45.30, Entitled "Legislative Findings and Statement of Purpose -
Prohibition of Marijuana Cultivation, Processing, Delivery and Dispensary
Uses, and Chapter 30, Section 30.45.40, Entitled "Prohibited Activities" and
Adding Chapter 30, Section 30.45.45, Entitled "Indoor Cultivation for
Personal Use" of the Gilroy City Code.
Moved by Council Member Cat Tucker, seconded by Council Member Fred
Tovar.
Vote: Motion carried 7 -0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Paul Kloecker; Council Member Peter Leroe-
Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
Roland Velasco
IX. UNFINISHED BUSINESS
There was none.
X. INTRODUCTION OF NEW BUSINESS
A. Update on the South County Youth Task Force
The staff report was presented by Police Cheif Smithee and Captain Svardal.
B. Fiscal Year 2018 First Quarter Financial Report
The staff report was presented by Finance Manager Forbis.
There were no public comments.
Mayor Pro Tempore Dion Bracco left the meeting at 07:45 p.m.
C. Strategic Plan Quarterly Update
The staff report was presented by City Administrator Gonzalez.
There were no public comments.
XI. CITY ADMINISTRATOR'S REPORTS
A. Presentation on the "Your Voice" Community Engagement Platform
The staff report was introduced by City Administrator Gonzalez and presented by
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Public Information Officer Bedell.
City Administrator Gonzalez then spoke on the emergency work on 6th street by
the railroad explaining that the street is now open. He then spoke on addressing
the closure of 6th street during the Veterans celebration explaining that the
organization traditionally requested a special event permit, but hadn't this year.
He concluded by announcing that city hall would be closed Thursday and Friday
for the Thanksgiving holiday.
XII. CITY ATTORNEY'S REPORTS
There was no report.
ADJOURNMENT at 9:10 p.m.
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-City Clerk
City Council Meeting Minutes
11/20/17