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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 City Council Meeting Minutes 12/4/17 2 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 City Council Meeting Minutes 12/4/17 91 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 City Council Meeting Minutes 12/4/17 ai 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. City Council Meeting Minutes 12/4/17 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 City Council Meeting Minutes 12/4/17 6 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 City Council Meeting Minutes 12/4/17 7 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