Loading...
HomeMy WebLinkAboutMinutes 2016/10/03City of Gilroy City Council Meeting Minutes October 3, 2016 I. OPENING A. Call to Order Mayor Woodward called the meeting to order at 6:00 p.m. The pledge of allegiance was led by Mayor Pro Tempore Leroe - Munoz. The invocation was given by Pastor Bill Hawkins of New Hope Community Church. City Clerk Shawna Freels announced that the agenda had been posted on September 28, 2016 at 10:30 a.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent/Excused: Council Member Cat Tucker; Council Member Roland Velasco B. Orders of the Day Mayor Woodward stated that an urgency item needed to be added to the agenda as provided for under Government Code Section 54954.2 and Gilroy City Code Section 17A.5 (f) (2). Motion to Add an Item to the Agenda Motion: to add Item VI.O. to the Agenda: Approval of Purchase Agreement for Real Property with Lynette M. Hill, Trustee for a Property Located at 7491 Railroad Avenue, Gilroy APN 841 -06 -001 Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent: Council Member Cat Tucker; Council Member Roland Velasco Mayor Woodward then asked that Item VI.G. be pulled from the consent calendar to be discussed separately, and further stated that Council Member Velasco had asked that Item X.C. be presented at the next meeting. Motion to Pull Item VI. G. from the Consent Calendar and Continuing Item X.C. Motion: Approve Pulling Item VI.D. from the Consent Calendar for Discussion and Item X.C. Moved by Council Member Daniel Harney, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent: Council Member Cat Tucker; Council Member Roland Velasco Mayor Woodward then asked that Item VI.D. be removed from the consent calendar at staffs request. City Council Meeting Minutes 10/3/2016 Motion to Removing Item VI.D. Motion: Approve continuing Item VI.G to the October 17, 2016 Meeting Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent: Council Member Cat Tucker; Council Member Roland Velasco C. Employee Introductions Newly hired part time Police Department staff Marciel Tomasetti and Holy Balaoro were introduced. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Woodward recognized Kurt Ashley for his service to the City. Mayor Woodward presented a proclamation naming October 2016 as Community Planning Month. I. INTERVIEWS A. Interviews for Arts and Culture Commission and Public Art Committee The Council interviewed candidates for the Arts and Culture Commission and Public Art Committee. III. PRESENTATIONS TO 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 El Roble Elementary School student council members invited the City Council and the public to the El Roble fall event. Mike Monroe was called to speak who shared his thoughts on global climate change and asked the Council to consider climate change when making decisions such as adding freeways. B. Open Government Commission Annual Presentation to Council Commissioner Esposito gave the annual presentation. IV. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Leroe Munoz spoke on the success of the tamale festival in the downtown. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Woodward asked to agendize an update report regarding traffic issues on Welburn, west of Santa Teresa. The Council agreed to agendize the item City Council Meeting Minutes 10/3/2016 3 VI. CONSENT CALENDAR A. Minutes of the September 12, 2016 Regular Meeting B. Council Consent to the Appointment of Finance Director C. Utility Easement for PG &E for Gilroy Golf Course - 2695 Hecker Pass Road, Portion of APN 783 -04 -026 E. Reallocation of $5,000.00 in Community Development Block Grant Funds from St. Joseph's Family Center to the Gilroy Compassion Center F. Letter in Opposition to Governor Brown's Public Safety and Rehabilitation Act o- 2016 (Proposition 57) H. Claim of Linda Babauta (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) I. Claim of Chad King /USSA Insurance (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) J. Claim of Maribel Portilla on Behalf of Management LCA (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) K. Claim of Stephen and Sheila White (the City Administrator Recommends a "yes" vote under the Consent Calendar shall constitute the denial of the claim) L. A Resolution 2016 -49 of the City Council of the City of Gilroy Authorizing Participation in the California Statewide Communities Development Authority Property Assessed Clean Energy (PACE) Program M. Agreement with the California Enterprise Development Authority (CEDA) and Adoption of a Resolution 2016 -53 of the City Council of the City of Gilroy Authorizing Participation in the CEDA Figtree Property Assessed Clean Energy (PACE) Program N. A Resolution 2016 -50 of the City Council of the City of Gilroy Updating the Gilroy Conflict of Interest Code During Biennial Review O. Approval of a Purchase Agreement for Real Property with Lynette M. Hill, Trustee for a Property Located at 7491 Railroad Avenue, Gilroy, APN 841- 06 -001 Motion on the Consent Calendar Motion: to Approve Consent Calendar Items A, B, C, E, F, H, I, J, K, L, M, N, O Moved by Council Member Terri Aulman, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent: Council Member Cat Tucker; Council Member Roland Velasco G. A Resolution 2016 -48 of the City Council of the City of Gilroy in Support of Measure A the Santa Clara County Affordable Housing Bonds Measure Public comment was opened. City Council Meeting Minutes 10/3/2016 4 David Cox was called to speak sharing the positive effects of the measure. Erin O'Brien was called to speak asking the Council to get involved in supporting the measure with the community. Cindy Chavez was called to speak asking that the Council support the measure, and she then went on to describe the housing needs in the county. Ron Kirkish was called to speak sharing his thoughts on the impacts the Urban Growth Boundary Initiative would have on the issue of homelessness, describing the lack of area to grow. Public comment was then closed. Motion on Item VI.G. Motion: Adopt Resolution 2016 -48 of the City Council of the City of Gilroy in Support of Measure A the Santa Clara County Affordable Housing Bonds Measure Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council Member Daniel Harney. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent: Council Member Cat Tucker; Council Member Roland Velasco D. Property Improvement Agreement No. 2015 -06 and Final Map for Harvest Park Phase II Tract 10276, Meritage Homes Corporation, APN 790 -06 -044 The item was removed from the agenda. VII. BIDS AND PROPOSALS A. Design Contract Services Agreement with Hydroscience for the First Street 24" Water Main Replacement Project The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.A. Motion: to Approve a Contract Amendment with HydroScience Engineers, Inc. in an Amount Not to Exceed $110,420.00 and a Contingency of $11,042.00 (10 %) Moved by Council Member Daniel Harney, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent: Council Member Cat Tucker; Council Member Roland Velasco VIII. PUBLIC HEARINGS A. A Resolution of the City Council of the City of Gilroy Authorizing Traffic Enforcement at the Community of Eagle Ridge Mayor Pro Tempore Woodward recused himself from deliberations on the item, explaining that he owned a home in the Association area. He then left the dais. City Council Meeting Minutes 10/3/2016 5 The staff report was presented by Public Works Director Smelser. The public hearing was opened. Steven Shaffer was called to speak sharing issues in the Eagle Ridge area with speeding. He then asked that no end date be inserted in to the resolution. Hosein Fallah was called to speak and provided Council with a handout of data. He stated that he didn't believe a termination date should be included in the resolution as the HOA wanted the police patrol to always be present. Perry Woodward was called to speak and asked the Council to consider continuing the resolution to the next meeting if they could not make a decision, as two members of the Council were absent and four were needed to approval. The public hearing was then closed. Motion on Item VIII.A. Motion: to Adopt Resolution 2016 -51 of the City Council of the City of Gilroy Making Certain Findings and Declarations Pursuant to Section 21107.7 of the California Vehicle Code, Authorizing the City's Police Department to Enforce the Provisions of the California Vehicle Code on Private Roads Within the Eagle Ridge Community without the termination date of July 1, 2017. Moved by Council Member Dion Bracco, seconded by Council Member Daniel Harney. Vote: Motion carried 4- 0 -2 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe -Munoz Absent: Council Member Cat Tucker; Council Member Roland Velasco Recused: Mayor Perry Woodward Mayor Woodward returned to the dais. IX. UNFINISHED BUSINESS A. Appointments of Six Members to the Youth Commission There were no public comments. Motion on Item IX.A. Motion: to Appoint Brenda O'Connor, Andrew Plaza, Jessie Martinez, Julissa Vega, Simrit Athwal and Alan Apte to the Youth Commission with Terms Ending 9/30/2016 Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council Member Dion Bracco. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent: Council Member Cat Tucker; Council Member Roland Velasco B. Appointments to Unexpired Seats on the Arts and Culture Commission and Public Art Committee There were no public comments. Motion on Item IX.B. Motion: to Appointment Tamura Miguel to a Term Ending 12/31/2017 and Grace Hernandez to a Term Ending 12/3112018 on the Arts and Culture Commission, and Armando Franco to the Public Art Committee With a Term City Council Meeting Minutes 10/3/2016 Ending 12/31/2017 Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council Member Daniel Harney. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent: Council Member Cat Tucker; Council Member Roland Velasco X. INTRODUCTION OF NEW BUSINESS A. Modifications to Architectural and Site Condition 21 for the Harvest Park Phase I{ Residential Project (A/S 13 -26) The staff report was presented by Community Development Director Abrams. There were no public comments. Motion on Item X.A. Motion: to Adopt Resolution 2016 -52 of the City Council of the City of Gilroy Revising Condition of Approval Number 21 for Architectural and Site Review Application A/S 13 -26 for the Harvest Park Residential Project, Phase II Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent: Council Member Cat Tucker; Council Member Roland Velasco B. Mills Act Request of Jeffrey and Barbara Orth for a Property Located at 7539 Eigleberry Street (MA 16 -02) The staff report was presented by Community Development Director Abrams. There were no public comments. Motion on Item X.B. Motion: to Approve a Mills Act Agreement for a Property Located at 7539 Eigleberry Street Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent: Council Member Cat Tucker; Council Member Roland Velasco C. Inclusion of the Gilroy Unified School District Review Comments in Planning Project Staff Reports The item was continued to the October 17, 2016 meeting. D. Conceptual Plan Review for the Hecker Pass East Cluster Neighborhood Park on a Property Located on the South Side of the Third Street Extension, West of Santa Teresa Boulevard, APN 810 -21 -021 The staff report was presented by Senior Engineer Angeles. Public comment was opened. City Council Meeting Minutes 10/3/2016 7 Ron Kirkish was called to speak asking if the dog park would be an enclosed area. Public comment was then closed. Motion on Item X.D. Motion: Approval of the Final Conceptual Plan for the Hecker Pass Neighborhood Park Moved by Council Member Terri Aulman, seconded by Council Member Dion Bracco. Vote: Motion carried 4 -1 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward No: Council Member Daniel Harney Absent: Council Member Cat Tucker; Council Member Roland Velasco E. Report on Downtown Police Patrol Pilot Program The staff report was presented by Captain Espinosa. Public comment was opened. Ron Kirkish was called to speak asking if there was an indication that the persons stopped were prop 47 early release criminals. Public comment was then closed. Motion on Item X.A. Motion: to Receive the Report Moved by Mayor Pro Tempore Peter Leroe- Munoz, seconded by Council Member Daniel Harney. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent: Council Member Cat Tucker; Council Member Roland Velasco F. Approval of the Purchase of Equipment for City -Wide Street Repair Program The staff report was presented by Operations Supervisor Avila. Motion on Item X.F. Motion: to Approve the Purchase of Equipment for City -Wide Street Repair Program, and Approval of Budget Amendment in the Amount of $500,000.00 Moved by Council Member Daniel Harney, seconded by Council Member Terri Aulman. Vote: Motion carried 5 -0 -2. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Daniel Harney; Mayor Pro Tempore Peter Leroe- Munoz; Mayor Perry Woodward Absent: Council Member Cat Tucker; Council Member Roland Velasco XI. CITY ADMINISTRATOR'S REPORT There was none. XII. CITY ATTORNEY'S REPORT There was none. XIII. CLOSED SESSION City Council Meeting Minutes 10/3/2016 1 1 A. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) (a) Collective Bargaining Unit: AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101 City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, Human Resources Director Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandum of Understanding: Between the City of Gilroy & AFSCME Local 101 There were no public comments The Council adjourned to closed session at 8:06 p.m. SHAWNA FREELS, MMC City Clerk City Council Meeting Minutes 10/3/2016