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Minutes 2018/04/161 City of Gilroy _City Council Meetinq Minutes April 16, 2018 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Roland Velasco. 1. Pledge of Allegiance Mayor Pro Tempore Harney introduced Luigi Aprea GATE program students who led the pledge of allegiance in American sign language. 2. Invocation There was none given. 3. City Clerk's Report on Posting the Agenda Deputy City Clerk Suzanne Guzzetta announced that the agenda had been posted on April 11, 2018 at 4:15 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 5:58 PM Marie Blankley Council Member Present 5:56 PM Dion Bracco Council Member Present 5:57 PM Daniel Harney Mayor Pro Tempore Present 5:55 PM Peter Leroe -Munoz Council Member Present 5:59 PM Fred Tovar Council Member Present 5:54 PM Cat Tucker Council Member Present 5:55 PM B. Orders of the Day There were no agenda changes. C. Employee Introductions Development Center Manager O'Strander introduced Fire Marshal Miguel Trujillo. Public Works Director Awoke introduced Engineers Weston Hill and Paola Burke. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations Mayor Velasco presented the following proclamations. 1. Proclamation Naming April 29 - May 5, 2018 Small Business Week 2. Proclamation Declaring April 15, 2018 — May 13, 2018 as Paint the Town Purple Days III. PRESENTATIONS TO THE COUNCIL Reymundo Armendariz spoke on the Justice for Stevie Juarez citizen group, and asked for clarification on the protocol for officer involved deaths, asking whether the officers involved in the incident were put on leave. He then asked what the city policy was on the use of force. Sally Armendariz expressed concern for what happened after Stevie Juarez was killed detailing the lack of notification for the family, and leaks from the police to the media. She then suggested that a community panel be formed to investigate the incident. Peter Ortiz, representative of San Jose Brown Berets, voiced objection to the police response and lack of communication about the death of Stevie Juarez, noting that the police had refused to release the video from the body -worn cameras. City Council Meeting Minutes 04/16/2018 P Robin Calderon asked the Council what will happen to the officers responsible for Stevie Juarez's death. Stephanie Sanbrano, cousin of Stevie Juarez, asked why no information had been released to the public, and further inquired about policies regarding officer involved deaths. Daniel Salcido expressed a wish for cooperation from the City about the investigation of the death of Stevie Juarez. Raul Maldonado asked to know what the City use of force policy was and asked to know how the police officers who killed Stevie Juarez would be held accountable. Gina Maldonado asked why body -worn camera footage of the death of Stevie Juarez wasn't shared with the public, stating that the family had a right to see the information. Destiny Fernandez stated that Stevie Juarez's death wasn't just another statistic. Bob Sigala stated that he was at the family service the day after the death of Stevie Juarez and was wondering what really happened, explaining that the perception was the city was covering up something by not being forthright with information. Monica Juarez explained that she believed that the officers who had been involved in Stevie Juarez's death could have handled the situation better. She stated that there should be accountability and responsibility for his death, explaining that no one should die needlessly. Mathilda Lopez asked when the body -worn camera footage of the apprehension of Stevie Juarez would be released. She then asked if the police officers involved in his death were still working. Adam Cavazos stated that he we would like answers on the death of Stevie Juarez. Public comment was then closed. A. Gilroy Downtown Business Association Annual Presentation Gary Walton presented the annual report from the Gilroy Downtown Business Association. B. Presentation by Santa Clara Valley Transportation Authority (VTA) on Mobility Partnership Update for US 101 /State Route 25 Interchange Improvements VTA staff presented the interchange proposals. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker spoke on launch of the Welcome Center's new mobile friendly website and announced the wedding expo at Gilroy Gardens. Council Member Blankley spoke on her recent meetings at SCRWA and South County United for Health, and announced the July 25th dinner with Sister Cities dignitaries from Takko Machi, Japan. Mayor Pro Tempore Harney spoke on the Arbor Day event on the 16th and announced the bike to the future contest May 5th at Gilroy Gardens. Council Member Tovar spoke on the Poppy Jasper Film Festival, Downtown Wine Stroll, Chamber mixer, and Leadership Gilroy event, and then spoke on the Silicon Valley Leadership Group regional economic forum. He concluded by announcing the Linda Callon scholarship awards in process. City Council Meeting Minutes 04/16/2018 3 Council Member Leroe -Munoz spoke on the Santa Clara Valley Water District advisory board meeting describing the increases to ground water production charges and price smoothing efforts by the District, and then spoke on the Cities Association meeting focus on affordable housing and financial assistance for affordable housing projects in Gilroy. Mayor Velasco spoke on the recent Economic Development Corporation meeting and highlighting a new business coming to Gilroy and proposed expansion of a self- storage business. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR (ROLL CALL VOTE) Mayor Pro Tempore Harney requested that the minutes of April 2, 2018 reflect that he arrived at 6:00 P.M., and the Council agreed to the modification. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe - Munoz, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar, Tucker A. Minutes of the April 2, 2018 Regular Meeting B. Opening of a Recruitment to Fill Three Vacant Seats on the Arts and Culture Commission C. Proclamation Recognizing Eagle Scout Brandon Hammer VII. BIDS AND PROPOSALS A. Award of Contracts to SDI Presence LLC for Enterprise Resource Planning and Land Management System Consultant Services The staff report was presented by Finance Director Forbis. There were no public comments. The maker of the motion and seconded clarified that the item was being approved with the understanding that a City standard agreement was being utilized. Possible Action: Award contracts to SDI Presence, LLC in the amount of $534,725 for Enterprise Resource Planning and $232,950 for Land Management System software selection and implementation consulting services, and authorize the City Administrator to execute the agreements. RESULT: APPROVE [6 TO 11 MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe- Munoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe- Munoz, Tovar, Tucker NAYS: Daniel Harney B. Contract Amendment with CSG Consultants in the Amount of $400,000 for Engineering Plan Review, Construction Inspection, Transportation and Capital Project Services The staff report was presented by Public Works Director Awoke. There were no public comments. City Council Meeting Minutes 04/16/2018 El Possible Action: Approve an amendment to the agreement with CSG Consultants in the amount of $400,000 for engineering plan review, construction inspection, and transportation and capital project implementation support services. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar, NAYS: Tucker VIII. PUBLIC HEARINGS A. Community Development Block Grant and Housing Trust Fund Public Services Funding Renewal Recommendations for FY 2018 -19 The staff report was presented by Planner Carney. The public hearing was opened. Steven Stratton spoke on the Gilroy demonstration garden funding reduction asking that the Council reconsider the allocation. Colleen Hodges of Live Oak Adult Day Services thanked the City for the continued funding of the adult day care services at the Live Oak facility. The public hearing was then closed. Possible Action: Approval of funding renewal of the FY 2018 -2019 Community Development Block Grant (CDBG) funds and Housing Trust Fund funds to twelve nonprofit agencies. RESULT: APPROVE [5 TO 2] MOVER: Marie Blankley, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Velasco, Blankley, Bracco, Harney, Tucker NAYS: Peter Leroe- Munoz, Fred Tovar B. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Ordering the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code The staff report was presented by Building Official Allen. The public hearing was opened; there being none, it was then closed. Possible Action: Adoption of Resolution 2018 -06 of the City Council of the City of Gilroy ordering the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar, Tucker IX. UNFINISHED BUSINESS - NONE X. INTRODUCTION OF NEW BUSINESS A. Decision on Preferred Alignment for Mobility Partnership US 101 /State Route 25 Interchange Improvements City Council Meeting Minutes 04/16/2018 5 The item was continued to the May 7, 2018 regular meeting. Possible Action: Select preferred alignment for the US101 /SR 25 interchange improvements and provide direction to City of Gilroy City Council representatives to the Mobility Partnership of the preferred alignment. B. Discussion and Direction Related to Commercial Business Licenses - Gilroy City Code Chapter 13 - Licenses (Business) The staff report was presented by Finance Director Forbis. Public comment was opened. Gary Walton spoke on the issue of his commercial properties being assessed a licensing fee, and explained that he didn't believe he should be charged a business license for the buildings he leased. Chris Vanni stated that he believed a commercial property shouldn't be generalized as a business and should not be required to hold a business license. Jose Montes explained that he disagreed with requiring business licenses for commercial business owners. John Taft spoke on the lack of clarification in the city ordinance stating that he believed it was discrimination against commercial business owners. Public comment was then closed. Possible Action: a) The Council provided direction to staff to prepare an ordinance amending Gilroy City Code Chapter 13 Licenses to exempt commercial business properties, with definitions for commercial business licensing. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar, Tucker C. Consideration of an Allowance for Ground -Level Office Uses in the Downtown Historic District (Z 18 -03) The staff report was presented by Development Center Manager O'Strander. Public comment was opened. Gary Walton spoke on the need for first floor offices describing the revenue that would be derived for the restaurants and other business in the downtown and changing trends from traditional office space use, suggesting that flex zoning be allowed. Tammy Brownlow of the EDC spoke in support of the ground floor use in the recommended downtown corridor. Public comment was then closed. Council gave direction to staff to prepare an ordinance to amend the City code to allow for ground floor office uses on Monterey Road between 4th and 6th streets for a 2 year period. Possible Action: Receive report and provide direction to staff. D. Presentation of Proposed 2018 Fireworks Enforcement Strategy and Consideration of Modifications to Gilroy City Code Section 10A.14 (Penalties) to Increase the Maximum Fine for Illegal Fireworks Citations City Council Meeting Minutes 04/16/2018 R The staff report was presented by Police Chief Smithee. There were no public comments. Possible Action: a) Approval of the Police Department's proposed 2018 fireworks enforcement strategy; and, b) Direction to staff to prepare an ordinance amending Gilroy City Code Chapter 10, Section 10A.14 Entitled "Penalties" to increase the maximum fine for illegal fireworks citations from $500 to $1,000 RESULT: APPROVE [UNANIMOUS] MOVER: Daniel Harney, Mayor Pro Tempore SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar, Tucker The Council voted to continue the meeting after 11:00 p.m. Possible Action: RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Velasco, Blankley, Harney, Tovar, Tucker ABSENT: Dion Bracco, Peter Leroe -Munoz E. Approval of Fiscal Year 2019 Capital Improvement Plan Projects for Funding by SB -1: The Road Repair and Accountability Act The staff report was presented by Public Works Director Awoke. There were no public comments. Possible Action: Adoption of a Resolution 2018 -07 of the City Council of the City of Gilroy amending the Fiscal Year 2018 -2019 budget to incorporate a list of projects funded by SB 1: The Road Repair and Accountability Act. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Velasco, Blankley, Bracco, Harney, Leroe- Munoz, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS There was no report. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4) Name /Title: Shawna Freels, City Clerk There were no public comments. ADJOURNMENT The Council adjourned to closed session at 11: 29 p.m. City Clerk City Council Meeting Minutes 04/16/2018