Minutes 2017/12/041
City of Gilroy
City Council Meeting Minutes
December 4, 2017
I. OPENING
A. Call to Order
Mayor Velasco (:ailed the meeting to order at 6:01 p.m. ,
1. Pledge of AIIE!giance was led by Council Member Harney.
The Invocation was given by Pastor Greg Quirke of South Valley Community
Church.
City Clerk Shawna Freels announced that the agenda had been posted on
November 29, 2017 at 5:00 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
Mayor Velasco announced that Council Member Leroe -Munoz was participating
in the meeting remotely by phone.
C. Employee Introductions
There were non 3. '
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
III. PRESENTA -IONS TO THE COUNCIL
B. PUBLIC COtAMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON
THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE
CITY COUNCIL
Jane Howard of the Gilroy Welcome Center shared a recent article on Gilroy in
the National Park Journal and detailed advertising that would take place in Times
Square in New York the week before Christmas.
A. Presentation by the Bicycle Pedestrian Commission on Downtown Bike
Racks and Proposed Changes to the Commission Roles and
Responsibilities
The presentation was given by Bicycle Pedestrian Commission Chair Hilton. I
Public comment was opened.
Gary Walton was called to speak describing the support of the Downtown
Business Association for bike racks in the downtown.
Public comment was closed.
B. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON
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THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF
THE CITY COUNCIL
IV. REPORTS OF COUNCIL MEMBERS
Mayor Pro Tempore Bracco congratulated the two high schools for winning the
football titles in each of their divisions explaining that he would
' Council Membe- Tucker asked that the City Council consider presenting
proclamations to the two high school football teams.
Council Member Harney spoke on the Gilroy Gardens Board meeting and holiday
lights kickoff event at the Gardens and spoke on the success of their harvest
festival. He then spoke on the VTA fair increase.
Mayor Velasco spoke on the two Gilroy football team wins and plans for a parade
for their accomplishments. He then thanked the Downtown Business Association
for their successful event.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR
A. Minutes of the November 20, 2017 Regular Meeting
B. Opening of a Recruitment Period for One Vacancy on the Youth
Commission
' C. Adoption of Ordinance 2017 -07 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 nor Personal Use" of the Gilroy City Code (introduced 11/20/17
with a 7 -0 vcte)
D. SB 165 Special Tax Accountability Report for Community Facilities
District 2000 -1 (Series 2002 and 2006 Bonds)
E. Claim of Mason Aaron (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
F. Claim of Maria Montes (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
G. Claim of Carol Blomquist (The City Administrator recommends a "yes"
vote under the Consent Calendar shall constitute the denial of the claim)
I H. Amendment to the City Purchasing Policy Authorizing the Use of
National Joint Purchasing Alliance (NJPA) as a Purchasing Option
I. Approval to Extend Construction Management Consultant Pre - Approved
List for an Additional Year Through August 3, 2018
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Velasco asked the Council to consider having the Planning Commission
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select one of their members to sit on the Downtown Business As; ociation, after
the Council appointments in January.
The Council agreed to consider the recommendation.
Motion on Consent Calendar
Motion: Items, A, B, C, D, E, F, G, H and I
Moved by Mayor Pro Tempore Dion Bracco, seconded by Co mcil Member '
Cat Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Dan el
Harney; Council Member Peter Leroe- Munoz; Council MembE r Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
VII. BIDS AND PROPOSALS
A. Extension of City -Wide Landscaping Contract with BrightView
Landscapes, LLC
The staff report was presented by Public Works Director Awoke.
There were no public comments.
Motion on Item VII.A.
Motion: Approve a three month extension with BrightView Landscapes, LLC
for city -wide landscape services and Authorize the City Administrator to
execute the contract amendment.
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 Daniel
Harney; Council Member Peter Leroe - Munoz; Council MembE r Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
B. Ronan Channel Trail Project No. 15 -PW -228 (West Branch _lagas Creek
Trail) Construction Bid Award
The staff report was presented by Operations Manager Stubchae
There were no public comments.
Motion on Item VIII.B.
Motion: Approve the reallocation of $888,849 of existing Iota matching
funds to the Ronan Channel Trail Project No. 15 -PW -228 fron various grant
funded trail projects that were not awarded grants Authorize the City
Administrator to execute a contract with Graniterock in the amount of
V,"4,859.42 for the construction of the Ronan Channel Traii Project No.
15 -PW -228 with a project contingency budget of 10% ($181,436), and
authorize the City Administrator to execute the contract and my related '
change orders up to and including the contingency amount.
Moved by Council Member Cat Tucker, seconded by Council Member Fred
T o-a r
Vote: Motion carried 6 -0 -1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Dan el
Harney; Council Member Peter L eroe- Munoz; Council MembE r Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Ccuricil Member Paul Kloecker
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C. Award of Contract for Construction Management Services for Ronan
Channel Trail, Project No. 15 -PW -228
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
' Motion on Item VII.C.
Motion: Author ize the City Administrator to execute a contract with TRC
Solutions, Inc. (aka Caltrop) in the amount of $311.334.36 for construction
management s3rvices of the Ronan Channel Trail Project No. 15 -PW -228
with a project contingency budget of 10% ($31,133), and authorize the City
Administrator 'o execute the contract and any related contract change
orders up to ar d including the contingency amount.
Moved by Mayer Pro Tempore Dion Bracco, seconded by Council Member
Fred Tovar.
Vote: Motion c•3rried 6 -0 -1.
Yes: Mayor Pr-) 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
VIII. PUBLIC HEARINGS
A. Approval of the Issuance of the California Municipal Finance Authority
Multifamily -lousing Revenue Bonds in an Aggregate Principal Amount
not to Exceed $25,000,000 for the Purpose of Financing or Refinancing
' the Acquisi' ion, Construction, Improvement and Equipping of Monterey
Gateway AFartments
The staff report was presented by Community Development Director Abrams.
The public hearing was opened.
Motion on Item VIII.A.
Motion: Adoption of Resolution 2017 -40 of the City Council of the City of
Gilroy Approving the Issuance of the California Municipal Finance Authority
Multifamily Horsing Revenue Bonds in an Aggregate Principal Amount not
to Exceed $25. )00,000 for the Purpose of Financing or Refinancing the
Acquisition, Construction, Improvement and Equipping of Monterey
Gateway Apart vents and Certain Other Matters Relating Thereto.
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member
Fred Tovar.
Vote: Motion c•irried 5 -1 -1.
Yes: Mayor Pr Tempore Dion Bracco; Council Member Peter Leroe-
Munoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
Roland Velasco
No: Council Member Daniel Harney
Absent: Coun(:il Member Paul Kloecker
' B. Introduction of an Ordinance of the City Council of the City of Gilroy
Adopting Amendments to Article 30.35 of the Gilroy City Code Entitled
"Wireless T>lecommunications, Antennas and Windmills" and Article
30.45 of the Gilroy City Code Entitled "General Regulations" Relating to
the Installat on of Wireless Telecommunication Facilities
The staff report Nas presented by Senior Planner Ketchum.
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The public hearing was opened; there being no comments it was hen closed.
Motion on Item VIII.B.
Motion: to read the ordinance by title only and waive further . eading; and,
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member
Daniel Harney.
Vote: Motion carried 5 -1 -1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Peter Leroe- '
Munoz; Council Member Fred Tovar; Council Member Cat Tu :ker; Mayor
Roland Velasco
No: Council Member Daniel Harney
Absent: Council Member Paul Kloecker
City Clerk Freels read the ordinance title.
Second Motion on Item VIII.B.
Motion: to introduce an ordinance of the City Council of the City of Gilroy
adopting amendments to Article 30.35 of the Gilroy City Coda Entitled
"wireless telecommunications, antennas and windmills" and Article 30.45 of
the Gilroy City Code entitled "General Regulations" relating tz) the
installation of wireless telecommunication facilities.
Moved by Mayor Pro Tempore Dion Bracco, seconded by Co incil Member
Fred Tovar.
Vote: Motion carried 5 -1 -1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Pete r Leroe-
Munoz; Council Member Fred Tovar; Council Member Cat Tu :ker; Mayor
Roland Velasco
No: Council Member Daniel Harney
Absent: Council Member Paul Kloecker
,
IX. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City cf 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, 3C.4.20, 30.5.40,
30.11.10, 30.31.21, 30.39.10, and 30.39.30 (introduced 11/2017 with a 4 -3
vote; Council Members Tovar, Leroe -Munoz and Tucker votin(l no)
The item was continued to the January 8, 2018 meeting.
X. INTRODUCTION OF NEW BUSINESS
A. Adoption of an Emergency Ordinance of the City Council :)f the City of
Gilroy Repealing and Amending Section 24.44 (b)(1) of Ar icle III of
Chapter 24 of the Gilroy City Code Pertaining to the Public:, Educational,
and Government Access Channel Capacity, Support, Intel connection,
and Signal Carriage and Declaring the Emergency Thereo
The item was presented by City Administrator Gonzalez.
There were no public comments. I
Motion on Item X.A.
Motion: to read the ordinance by title only and waive further . eading
Moved by Council Member Daniel Harney, seconded by Cour cil Member
Cat Tucker.
Vote: Motion carried 6 -0 -1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Dan el
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Harney; Counc] Member Peter Leroe- Munoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
City Clerk Freer; read the ordinance title.
Second Motior on Item X.A.
' Motion: adopti >n of Emergency Ordinance 2017 -09 of the City Council of
the City of Gilr,)y adding Section 24.44(b)(5) to Article III of Chapter 24 of the
Gilroy City Coc a pertaining to the reauthorization of the public, educational,
and government access channel support and declaring the emergency
thereof.
Moved by Mayer Pro Tempore Dion Bracco, seconded by Council Member
Daniel Harney.
Vote: Motion carried 6 -0 -1.
Yes: Mayor Pr) 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
B. Introduction of an Ordinance of the City Council of the City of Gilroy
Adding Section 24.44(b)(5) to Article III of Chapter 24 of the Gilroy City
Code Pertaining to the Reauthorization of the Public, Educational, and
Government Access Channel Support
Public comment was opened; there being no comments it was then closed.
Motion on Item X.B.
Motion: to reac the ordinance by title only, and waive further reading; and,
' Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore
Dion Bracco.
Vote: Motion carried 5 -0.
Yes: Mayor Pr) Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
Roland Velasco
Absent: Council Member Paul Kloecker; Council Member Peter Leroe-
Munoz
City Clerk Freer; read the ordinance title.
Second Motior on Item X.B.
Motion: introduction of an Ordinance of the City Council of the City of
Gilroy Adding Section 24.44(b)(5) to Article III of Chapter 24 of the Gilroy
City Code Pert- lining to the Reauthorization of the Public, Educational, and
Government X.cess Channel Support.
Moved by Mayer Pro Tempore Dion Bracco, seconded by Council Member
Daniel Harney.
Vote: Motion carried 6 -0 -1.
Yes: Mayor Pr 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 ADMIT ISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
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A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION;
Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section
17A.1 1(3)(a); Case Name: Patricia Harrell v. City of Gilroy, et al.; Santa Clara Co.
Superior Court, Case No. 17VC314125, Filed August 7, 2017
City Attorney Faber explained that the Council was entering into closed session
on the item as discussion in open session would prejudice the position of the city I
in the case.
Motion to adjourn to Closed Session
Motion: to Adjourn to Closed Session
Moved by Council Member Fred Tovar, 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 7:33 p.m
/s/
City Clerk
City Council Meeting Minutes
12/4/17